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2025 Supreme(Online)(Mad) 20992
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. Ilanthiraiyan, J
Sathish – Appellant
Versus
The Superintendent of Police, Traffic South West, Puducherry. – Respondent
Crl.O.P.No.10119 of 2025
For the Appellants/Petitioners: Mr. A.E. Ravichandran
For the Respondents: Mr. M.V. Ramachandramurthy, Additional Public Prosecutor
Court upheld the need for a thorough investigation before considering transfer requests, asserting a bias must be substantiated.
Headnote:This case concerns a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for transferring the investigation of Crime No.57 of 2025. The petitioner, following an accident, sought a transfer due to perceived bias. However, the court held that transfer was unwarranted as there was no erroneous conduct found, directing the ongoing investigation to be completed. The court decided against the request to transfer the investigation, pointing out the lack of grounds for such an action.
| Table of Content |
|---|
| 1. petition filed for investigation transfer due to biases. (Para 1 , 2 , 3) |
| 2. court's observations on investigation integrity and lack of grounds for transfer. (Para 4 , 5 , 6) |
| 3. final decision dismissing the transfer petition. (Para 7) |
O R D E R
This Criminal Original Petition has been filed seeking to transfer the investigation in Crime No.57 of 2025 from the file of the first respondent to any other investigation agency.
2. The case of the petitioner is that on 14.02.2025 at about 09:20 A.M., he was proceeding to Villupuram to attend his work; in his two wheeler bearing Registration No.PY-01-CP-4979. At that time, near MP Mahal, Villianur, a bike bearing Registration No.PY-05-VE-8319/Suzuki Access driven by one driver Siva, came from the opposite direction, and suddenly took a right turn without any indication and dashed against the petitioner's vehicle. Due to which, the petitioner suffered grievous injury and the pillion rider of the vehicle also sustained injuries. Hence, the petitioner filed a complaint before the second respondent.
3. Pursuant to the complaint lodged by the petitioner, the second respondent registered the First Information Report in Crime No.57 of 2025 for the offences under Sections 281 and 125(a) of the Bharatiya Nyaya Sanhita ( BNS ), 2023, and it is pending investigation.
4. Heard the learned counsel appearing on either side and perused the materials available on record.
5. Though the second respondent did not conduct any enquiry on the complaint lodged by the petitioner even after registering the First Information Report for the offences under Sections 281 and 125(a) of BNS , 2023, on instructions, the learned Additional Public Prosecutor, (Pondicherry) submitted that the opposite vehicle rider also lodged a complaint against the petitioner. After verification and inspection made in the scene of occurrence, it was found that the accident happened only because of the rash and negligence driving on the part of the petitioner. Pursuant to that, the First Information Report has been registered as against the petitioner and transferring the investigation to any other investigation agency from the file of the second respondent will not fall under the guidelines of the Police Standing Order 566 at this stage.
6. In view of the above, this Court is not inclined to transfer the investigation from the file of second respondent to another investigation agency. However, the second respondent is directed to verify the complaint lodged by the petitioner. Further, the injuries sustained by the petitioner cannot be a ground to transfer the FIR to any other agency. Accordingly, the second respondent is directed to complete the investigation and file a final report as per the guidelines of Police Standing Order 566, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
7. With these observations and directions, this Criminal Original Petition is disposed of.
