Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.VIJAYAKUMAR
S.Rukumani – Appellant
Versus
State of Tamil Nadu Rep.by its Home Secretary – Respondent
| Table of Content |
|---|
| 1. background of unnatural death amid family property disputes. (Para 2 , 3 , 4 , 5) |
| 2. petitioner's arguments for investigation transfer due to bias. (Para 7 , 8 , 9) |
| 3. respondents' defense of thorough probe and family motive. (Para 10 , 11 , 12) |
| 4. no evidence justifies post-charge sheet investigation transfer. (Para 14 , 15 , 17 , 18 , 19) |
| 5. trial court to invoke s.358 bnss if new evidence arises; petition dismissed. (Para 20 , 21) |
ORDER :
R.VIJAYAKUMAR, J.
The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) by the mother of the deceased seeking a direction to the second respondent to withdraw and transfer the investigation in Crime No.110 of 2025 which is pending on the file of the fourth respondent and transfer the same to the file of the fifth respondent.
(A).Factual Background:
2.As per averments in the petition, the petitioner is blessed with two daughters and son by name S.Shivaraj who had passed away on 20.03.2025. As per averments in the petition, there was a matrimonial dispute between Shivaraj and his wife namely Padmavathi. It is alleged that the petitioner's daughter-in-law was demanding properties and sh
Transfer of investigation under S.528 BNSS not warranted post-charge sheet without concrete evidence of deficient probe.
Court directs monitoring of investigation by senior police official when accused is from investigating station to ensure impartiality.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
