The High Court dismissed this Criminal Original Petition seeking transfer of investigation due to non-cooperation of the complainant. The Court directed the police to verify the complaint and complete the investigation within two months.
Court directed Station House Officer to complete investigation and file charge sheet within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No.31536 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.12.2024
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN
Crl.O.P.No.31536 of 2024
Pazhanisamy ... Petitioner
Vs.
The Sub Inspector of Police, Sirupakkam Police Station, Cuddalore District. ... Respondent Crime No.162/2022
PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to issue a direction to transfer the investigation in Crime No.162 of 2022, pending on the file of the Sub Inspector of Police, Sirupakkam Police Station, Cuddalore District to any other Police officer to conduct further investigation into the matter in accordance with law.
For Petitioner : Mr.M.Velmurugan
For Respondent : Mr.S.Sugendran Additional Public Prosecutor
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Crl.O.P.No.31536 of 2024
O R D E R
This Criminal Original Petition has been filed to issue a direction to transfer the investigation in Crime No.162 of 2022, pending on the file of the Sub Inspector of Police, Sirupakkam Police Station, Cuddalore District to any other Police officer to conduct further investigation into the matter in accordance with law.
learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.
appearing for the respondent that due to non-cooperation of the petitioner/ de facto complainant, the respondent is unable to complete the investigation. The said submission of the learned Additional Public Prosecutor cannot be accepted. If the petitioner/ defacto complainant is not cooperating for enquiry, the respondent police has to verify the
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Crl.O.P.No.31536 of 2024
veracity of the compliant and proceed further in accordance with law. Further, the grounds raised by the petitioner seeking transfer of investigation are not acceptable and hence this Court is not convinced with the same.
17.12.2024
mfa Index:Yes/No Speaking Order: Yes/No Neutral Citation: Yes/No
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Crl.O.P.No.31536 of 2024
To
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Crl.O.P.No.31536 of 2024
P.VELMURUGAN, J.
mfa
Crl.O.P.No.31536 of 2024
17.12.2024
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1 provisions across 1 enactments
Pazhanisamy
The Sub Inspector of Police, Sirupakkam Police Station, Cuddalore District
P. Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
