Dismissed¶23

Shanthi v. the State of Tamilnadu

Madras HC4 Apr 2025WP/12298/2025

Case brief

AI extract

What is this about?

Transfer of investigation to CBI; Crime No.215 of 2024; suspicious death of Muruganand; Viruthachalam Police Station, Cuddalore District; Superintendent of Police Cuddalore; Joint Director CBI Chennai; closure report; 'Further Action Dropped' 30.06.2024; referred charge sheet served on petitioner; protest petition; writ of mandamus; Article 226 Constitution of India; Madras High Court; G.K. Ilanthiraiyan; writ petition dismissed 04.04.2025.

What did the court decide?

No transfer of investigation; writ petition dismissed, with liberty to the petitioner to file a protest petition challenging the closure report. ¶23

Shanthi Vs the State of Tamilnadu — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

No transfer of investigation; writ petition dismissed, with liberty to the petitioner to file a protest petition challenging the closure report.

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Issue for consideration

Whether the investigation in Crime No.215 of 2024 into the suspicious death of deceased Muruganand, on the file of the first respondent police, should be transferred to the third respondent (Central Bureau of Investigation) for speedy and proper investigation.

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Court's answer

Since the investigation in Crime No.215 of 2024 has been completed and closed as 'Further Action Dropped' on 30.06.2024, no investigation is pending on the file of the first respondent and the question of transfer of investigation does not arise.

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Ratio / Principle

The petition stands dismissed (referred to by the Court as 'this Criminal Original Petition').

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Key takeaways

The petitioner is at liberty to file a protest petition in the manner known to law challenging the closure report filed by the first respondent.ratio¶27

Detailed headnote1 paragraphs

W.P.No.12298 of 2025 (High Court of Judicature at Madras, G.K. Ilanthiraiyan J., 04.04.2025): Writ petition under Article 226 of the Constitution of India by Shanthi seeking a writ of mandamus to transfer investigation in Crime No.215 of 2024, concerning the suspicious death of deceased Muruganand, from the Inspector of Police, Viruthachalam Police Station, Cuddalore District (first respondent) to the Joint Director, Central Bureau of Investigation (third respondent). The learned Government Advocate (Criminal Side) for the first and second respondents submitted that the investigation had already been completed and closed as 'Further Action Dropped' on 30.06.2024 and that the referred charge sheet had been served on the petitioner. Holding that no investigation was pending on the file of the first respondent and that the question of transfer of investigation did not arise, the Court dismissed the petition, leaving the petitioner at liberty to file a protest petition in the manner known to law challenging the closure report filed by the first respondent.

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W.P.No.12298 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 04.04.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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W.P.No.12298 of 2025

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Shanthi ..... Petitioner

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1. The State of Tamil Nadu Represented By The Inspector of Police, Viruthachalam Police Station, Cuddalore District.

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2. The Superintendent of Police Cuddalore, Cuddalore District

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3. The Joint Director Central Bureau of Investigation Joint Director and Head of Zone, III Floor, E.V.K. Sampath Building, College Road, Chennai 600 006. ..... Respondents

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, by transferring the Crime No 215 of 2024 on the file of the 1 st Respondent and directing the 3 rd respondent to take over the said crime number for speedy and proper investigation of the suspicious death of deceased Muruganand.

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Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.No.12298 of 2025

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For Petitioner : Mr. K.Jayabalan For R1 & R2 : Mr.R.Vinothraja Government Advocate (Crl.Side)

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O R D E R

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This Writ Petition has been filed seeking transfer of the

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investigation in Crime No.215 of 2024 from the file of the first respondent to the file of the third respondent.

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2. T he learned Government Advocate (Criminal Side)

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appearing for the 1^st and 2^nd respondents submitted that the investigation in Crime No.215 of 2024 pending on the file of the first respondent police, has already been completed and the same was closed as 'Further Action Dropped' on 30.06.2024. He further submitted that the referred charge sheet has also been served on the petitioner.

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In view of the above, no investigation is pending on the

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file of the first respondent and as such, the question of transfer of investigation does not arise. Accordingly, this Criminal Original Petition stands dismissed. However, the petitioner is at liberty to file a protest

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Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.No.12298 of 2025

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petition in the manner known to law challenging the closure report filed

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by the first respondent.

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04.04.2025

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Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order Lpp

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1. The Inspector of Police, Viruthachalam Police Station, Cuddalore District.

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2. The Superintendent of Police Cuddalore, Cuddalore District

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3. The Joint Director Central Bureau of Investigation Joint Director and Head of Zone, III Floor, E.V.K. Sampath Building, College Road, Chennai 600 006.

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4. The Public Prosecutor, High Court, Madras.

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Page 3 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.No.12298 of 2025

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G.K.ILANTHIRAIYAN, J.

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Lpp