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2025 Supreme(Online)(Mad) 55750

IN THE HIGH COURT OF JUDICATURE AT MADRAS
B. Pugalendhi, J
Seeni Fathima – Appellant
Versus
The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District – Respondent
CrlOP(MD)No.11828 of 2025



Advocates:
For the Appellants/Petitioners: Ms.SMA.Jinnah
For the Respondents: Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor

The court emphasized the necessity for a thorough investigation by the CB-CID into a murder linked to gold smuggling, citing inadequate police inquiry.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita (BNSS) - Section 528 - Transfer of investigation - The petitioner seeks transfer of investigation regarding her son’s murder due to alleged police misconduct and influence of the accused. The court finds significant gaps in the initial investigation and directs transfer to CB-CID for further inquiry. (Paras 1-9)

(B) Criminal Procedure - Investigation standards - It was established that the respondent police failed to conduct a thorough investigation into the case related to gold smuggling, which is central to the motive behind the murder. The court emphasizes the need for unbiased investigation. (Paras 6-9)

Facts of the case:
The petitioner claims her son was murdered due to his involvement in gold smuggling, and there were serious lapses in police investigation. Witnesses indicated abduction by influential individuals leading to his death.

Findings of Court:
The court concluded there was insufficient investigation conducted by police and transferred the inquiry to CB-CID to ensure due diligence and proper handling of the case.

Issues: Whether the respondent police conducted a proper investigation and whether the investigation related to gold smuggling was included.

Ratio Decidendi: Proper investigation must be ensured in serious offenses to uphold justice when allegations of manipulation exist.

Result: The petition is allowed transferring the case to CB-CID.

Table of Content
1. transfer of investigation requested for unclear police response. (Para 1 , 2 , 3)
2. petitioner alleges police misconduct and insufficient investigation. (Para 4 , 5 , 6)
3. court directs proper investigation by cb-cid due to previous inadequate police work. (Para 7 , 8 , 9)

ORDER

The petitioner / the mother of the deceased in Crime No.87 of 2025 has filed this petition seeking transfer of investigation in Crime No.87 of 2025 from the file of the Inspector of Police, Thirupullani Police Station, to the 2nd respondent CBI or the 3rd respondent CB-CID.

2.The learned counsel for the petitioner submits that the petitioner's son has indulged in smuggling of gold and he was arrested by the Directorate of Revenue Intelligence (DRI), Tuticorin on 12.04.2023 with 6 kgs of gold and cash of Rs.30 lakh. The accused No.4 in Crime No.87 of 2025 is also an accused in the case registered by the DRI, Tuticorin. The persons involved in smuggling of gold and hawala transactions have demanded the petitioner's son to settle the amount, abducted him and also brutally murdered him.

3.The case of the petitioner is that her son has been murdered brutally at the instance of one Mohammed Ashif and one Mehraj Kani known as hawala agents and drug peddlers. The petitioner's son was abducted by the accused No.1 and 2 from his cousin Idris house on 16.05.2025 at about 4.00pm. The deceased cousin Idris and Alauddin have witnessed this occurrence. The brother of the deceased one Alauddin has received a phone call on 17.05.2025 at about 8.00am. The petitioner and his family members including the wife of the deceased went to the Kenikarai Police Station on 17.05.2025 around 2.00pm and reported about missing of the deceased before the Kenikarai Police Station and it was treated as petition enquiry in CSR No.549 of 2025. In the meantime, the Village Administrative Officer of Thiruppullani has found an unidentified male body within the jurisdiction of Thiruppullani police station, has lodged a complaint before Thiruppullani police station and the same has been registered in Crime No.87 of 2025 for the offence under Section 194 of BNSS and after confirmation that the deceased was the petitioner's son Syed Abdullah, the offence has been altered to Section 103 (1) of BNS. Statement was also recorded from the deceased's wife and some of the accused have also been arrested.

4.The petitioner has approached this court that the respondent police has not conducted the investigation properly and they are sailing with the main accused, who are very influential in that area.

5.The learned counsel for the petitioner has contended as follows:

i.The petitioner's son has been murdered pursuant to the registration of the criminal case by the DRI, Tuticorin on 04.04.2023, wherein he was arrested along with 6 kgs of smuggled gold and accused No.4 in the case on hand is also an accused in the case registered by the DRI.

ii.The gold smugglers insisted the petitioner's son to settle the amount and subsequently had murdered him.

iii.The occurrence had taken place at the instance of one Mehraj Kani, a known hawala trader and at the instance of one Mohamed Ashif, Keelakarai, drug peddler.

iv.The respondent police has not arrested the remaining accused Nos. 6 to 11.

v.The complaints were been lodged on 16.05.2025 and 17.05.2025, but no proper action has been taken by the respondent police and therefore, the petitioner's son has been murdered.

vi.Though the petitioner has pointed out that her son has been murdered on account of gold smuggling, the respondent police has not conducted any investigation in this regard.

6.The Inspector of Police, Keelakarai Police Station and the Superintendent of Police, Ramanathapuram have filed their status reports. The relevant portions of the status report filed by the Superintendent of Ramanathapuram read as under:

“i.The petitioner's son Syed Abdullah was done to death on 16.05.2025 and the case was registered on 17.05.2025 on the complaint of the Vi

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