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2026 Supreme(Online)(Mad) 8876

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Victoria Gowri, J
Delphin – Appellant
Versus
The State of Tamilnadu – Respondent
Crl.O.P.(MD)No.3536 of 2025

Advocates:
For the Appellants/Petitioners: SC. Herold Singh
For the Respondents: B. Thanga Aravindh

A petition for the transfer of investigation becomes infructuous once the investigation is completed and a final report is filed, although the petitioner retains the liberty to seek further investigation under the law.

Headnote:The petitioner filed a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking a direction to transfer the investigation of Crime No. 51 of 2024 from the local police to an independent agency. The court noted that the investigation had already been completed and a final report had been filed before the Judicial Magistrate No.II, Nagercoil, in C.C.No.1226 of 2025. The primary issue was whether the transfer of investigation was still viable. The court reasoned that since the final report has already been submitted, the request for transfer is no longer applicable at this stage, though the petitioner may seek further investigation. In view of the above, this Criminal Original Petition is closed, with liberty to the petitioner to challenge the final report, by filing a petition seeking further investigation under Section 173(8) Cr.P.C/193(9) BNSS, 2023, if not satisfied by the manner in which final report is filed, if so advised.

Table of Content
1. petition for transfer of investigation is closed if the final report is already filed, with liberty for further investigation. (Para 1 , 2 , 3)

PRAYER : Petition filed under Section 528 of BNSS, 2023, to pass an order directing the 1st respondent to transfer the investigation from the 2nd respondent in Crime No.51 of 2024 on the file of the 2nd respondent, the CCD-III Police, Kanyakumari District, to any other independent agency.

ORDER

This criminal original petition has been filed seeking a direction, directing the 1st respondent to transfer the investigation from the 2nd respondent in Crime No.51 of 2024 on the file of the 2nd respondent, the CCD-III Police, Kanyakumari District, to any other independent agency.

2. The learned Government Advocate (Crl.Side), on instructions, would submit that the investigation has been completed and a final report has also been filed before the learned Judicial Magistrate No.II, Nagercoil, Kanyakumari District, in C.C.No.1226 of 2025.

3. In view of the above, this Criminal Original Petition is closed, with liberty to the petitioner to challenge the final report, by filing a petition seeking further investigation under Section 173(8) Cr.P.C/193(9) BNSS, 2023, if not satisfied by the manner in which final report is filed, if so advised.

03.02.2026

NCC : Yes / No

Index : Yes / No

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2026 Supreme(Online)(Mad) 8876

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTVictoria Gowri, JDelphin – AppellantVersusThe State of Tamilnadu – RespondentCrl.O.P.(MD)No.3536 of 2025

A petition for the transfer of investigation becomes infructuous once the investigation is completed and a final report is filed, although the petitioner retains the liberty to seek further investigation under the law.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Victoria Gowri, J
Delphin – Appellant
Versus
The State of Tamilnadu – Respondent
Crl.O.P.(MD)No.3536 of 2025