IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice A.D.JAGADISH CHANDIRA
R.SUMI – Appellant
Versus
The Superintendent of Police – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-01-2026 CORAM THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA R.Sumi S/o. Rajasekaran ..Petitioner(s)
Vs
1. The Superintendent of Police, Superintendent office, Vellore, Vellore District.
2. The Deputy Superintendent of Police, DSP Office, Gandhi Nagar, Vellore-632006 Vellore, Vellore District.
3. The Inspector of Police, Vellore South Police Station, Vellore, Vellore District.
4. The Inspector of Police, CDCID, Vellore Unit, Vellore District.
..Respondent(s)
PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to transfer the investigation in Crime No.24 of 2025, pending on the file of the Respondent Nos.3 & 4 to any other investigation agency for conduct of a fair and proper investigation.
For Petitioner(s): Mr.Y.Kajanavas For Respondent(s): Mr.S.Santhosh, Government Advocate (crl.side)
ORDER
This Criminal Original Petition has been filed seeking to transfer the investigation in Crime No.24 of 2025 on the file of the respondent Nos.3 and 4 for conducting a fair and proper investigation.
2.The learned counsel for the petitioner submitted that this is the third occasion, the petitioner has approached this Court seeking transfer of investigation. Earlier, the petitioner had approached this Court in W.P(Crl).No.230 of 2025, seeking issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the CSR closure report dated 07.05.2025 made in C.S.R.No.160 of 2023 and this Court, by an order dated 10.09.2025, directed the second respondent therein to conduct further investigation on the complaint of the petitioner, which was to be monitored by the Deputy Superintendent of Police concerned. This Court further directed that while conducting investigation, the second respondent shall examine all witnesses including neighbours and proceed further. However, it is contended that the investigation has not been carried out properly.
3. Per contra, the learned Government Advocate (Criminal Side)
appearing for the respondents submitted that pursuant to the order dated 10.09.2025, all witnesses have been examined and after conducting a detailed investigation, the case has been closed as ‘mistake of fact’. He further submitted that the final report has been filed before the learned Judicial Magistrate No.I, Vellore on 20.01.2026.
4. In view of the above submissions, this Court is of the opinion that the prayer for transfer of investigation cannot be entertained. Accordingly, this Criminal Original Petition stands closed. However, the petitioner is at liberty to challenge the final report in accordance with law, if so advised.
21-01-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No vkr To
1.The Judicial Magistrate No.I, Vellore.
2.The Superintendent of Police, Superintendent office, Vellore District. 3.The Deputy Superintendent of Police, DSP Office, Gandhi Nagar, Vellore District.
4.The Inspector of Police, Vellore South Police Station, Vellore, Vellore District. 5.The Inspector of Police, CDCID, Vellore Unit, Vellore District.
6.The Public Prosecutor, High Court of Madras.
A.D.JAGADISH CHANDIRA, J.
vkr
21-01-2026
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