ORDER

This Criminal Original Petition has been filed, invoking Section

528 of BNSS, seeking orders, to transfer the investigation in crime No.272 of 2024 on the file of the second respondent and entrust the same to the third respondent for investigation of the case.

2. On the basis of the complaint lodged by the petitioner, FIR came to be registered in Crime No.272 of 2024 on 28.07.2024 for the offence under Section 303 (2) of BNS., against the unknown accused.

3. The petitioner claiming to be the owner of the two wheeler/Yamaga Gladiator bearing Reg.No.TN-76-Y-3610 and by alleging the same was stolen on 05.02.2024, has lodged the complaint.

4. The case of the petitioner is that the petitioner's complaint was received by Grade-I Constable attached to the Sivagiri Police Station and receipt in CSR.No.82 of 2024 was issued on 07.02.2024; that though the petitioner's complaint disclosed a cognizable offence, the respondent did not register an FIR; that the petitioner dejected by the inaction of the second respondent, he himself searched his vehicle at various places; that he found his vehicle with great difficulty at SBM Car consulting and old iron shop on 13.07.2024 near Sethur Outpost Police Station, Virudhunagar District; that the petitioner's motorcycle was dismantled and its main parts were removed; that the petitioner and two constables attached to the second respondent police went to the SBM Car Consulting and iron shop belonging to one Ayothi on 14.07.2024 and they brought the motorcycle to the second respondent station; that though the motorcycle was recovered from the said Ayothi's premises, the second respondent without registering an FIR, contacted the petitioner over cellphone and asked him to lodge a complaint; that the petitioner went to the police station and requested the fourth respondent to produce the accused; that since the fourth respondent had refused to produce the accused, the petitioner left the police station without lodging any new complaint and requested them to register FIR based on the earlier complaint; that the fourth respondent registered an FIR as if the petitioner had lodged a complaint on 28.07.2024, but the petitioner did not lodge any complaint on 28.07.2024; that the fourth respondent has shown one Sakthivel as the accused and that the petitioner's motorcycle was recovered from the said Sakthivel on the basis of the confession statement; that the petitioner and two other Constables had taken motorcycle from the Ayothi's shop and he is the real accused; that the respondent police without arresting the Ayothi, they have implicated one Sakthivel and fabricated a false recovery; that though the illegal action of the fourth respondent was brought to the notice of the first respondent through a representation, dated 12.08.2024, the first respondent did not take any action; that the second respondent has not conducted the investigation properly and though the same was brought to the notice of the first respondent, no action was taken sofar and that thereafter, the petitioner was constrained to file the direction petition seeking transfer of investigation from the second respondent to the third respondent.

5. The fourth respondent has filed a special report stating that though the petitioner has lodged a complaint that his two wheeler was stolen, he has not produced the documents relating to the said vehicle; that the then Sub-Inspector of Police has informed the petitioner that FIR cannot be registered without any documents relating to the vehicle; that the petitioner has informed that he had purchased the vehicle 19 years back and as such, he was not having any documents and pressed for issuance of CSR receipt and accordingly, CSR came to be registered; that the vehicle was recovered from the workshop and the same was brought to the police station along with the workshop owner Ayothi; that the said Ayothi has informed the police that one Sakthivel had handed over the two wheeler and sought for some a