N.Veerapathiran Vs The Director General of Police

PRAYER : Petition filed under Section 528 of BNSS, 2023 seeking to issue a direction to the CB-CID/3rd respondent to register a case under section 103 of BNS against 5^th respondent who involved in the killing of the petitioner's son on 31.03.2025 and further to direct the 3^rd respondent to complete the investigation of the case in Cr.No.219 of 2025 (on the file of the 3^rd respondent police station) within a reasonable time as fixed by this Court.

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For Petitioner : Mr.P.Pugalenthi

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For Respondents : Mr.S.Ravi (R1 to R4) Additional Public Prosecutor

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ORDER

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The petitioner seeks for a direction to the CB-CID/3 rd respondent to register a case under Section 103 of BNS against 5 th respondent, who involved in killing of the petitioner's son on 31.03.2025 and further to direct the 3 rd respondent to complete the investigation of the case in Cr.No.219 of 2025 (on the file of the 3 rd respondent police station) within a reasonable time as fixed by this Court.

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The learned counsel for the petitioner submitted that the petitioner's son, one Subhash Chandra Bose was killed in an encounter on 31.03.2025.

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Even though a complaint was lodged in this regard, there was no progress in the investigation. Despite change of investigation to CBCID, there is no progress in the investigation.

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The learned counsel appearing for the petitioner categorically submits that without following the modified procedure to be followed in the cases of death in police encounters, in LETTER NO.9008/l&o-a/2007-1, DATED 08.08.2007 issued by the Public (Law & Order-A) Department, Chennai, the CBCID police is conducting the investigation. Despite transfer of case to CBCID, no progress has seen the light of the day.

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However, the learned Additional Public Prosecutor appearing for the respondent police submitted that the petitioner has already filed a writ petition in WP(MD)No.11980 of 2025 before this Court with a similar prayer and this Court, by order dated 28.04.2025 had directed the respondents therein to consider the petitioner's representation and to take appropriate action based on the petitioner's representation in accordance with law and as per the guidelines issued by the Chief Secretary to the Government and also as per the guidelines issued by the National Human Rights Commission, Delhi through letter dated 02.12.2003.

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The learned Additional Public Prosecutor appearing for the

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respondent police further submitted that in compliance with the order passed by this Court, the case has already been transferred to CBCID and an FIR in Crime No.2 of 2025 has been registered by CBCID for the offence punishable under Section 196(1) of BNSS, 2023 and the learned Judicial Magistrate No.IV, Madurai has also conducted an enquiry and on receipt of the report awaited from him, the CBCID will take appropriate action as mandated under BNSS, 2023.

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Heard the learned counsel on either side and carefully perused the

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materials available on record.

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Considering the submissions made on either side, the learned Judicial

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Magistrate No.IV, Madurai, is directed to submit the report to the second respondent police as expeditiously as possible within a period of two weeks from the date of receipt of a copy of this order. On receipt of the saem, the second respondent police is directed to take appropriate action as mandated under the provisions of BNSS, 2023.

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