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2026 Supreme(Online)(Mad) 12212
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Victoria Gowri, J
Suriakala – Appellant
Versus
The State of Tamil Nadu – Respondent
Crl.O.P.(MD)No.19586 of 2024
For the Appellants/Petitioners: Thilagarani
For the Respondents: M. Sakthi Kumar
A request to transfer a criminal investigation may be declined if the delay is caused by the complainant's failure to cooperate with the investigating agency, provided the court ensures a time-bound completion and supervisory monitoring of the probe.
Headnote:The petition was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the transfer of investigation in a criminal case from the local police to a higher agency. The petitioner alleged that despite the registration of a First Information Report against seven individuals, no progress had been made in the investigation. The court found that the investigation was stalled because the petitioner had failed to appear before the police despite being issued summons for gathering necessary information. The central issue was whether the investigation should be transferred due to alleged inaction by the police. The court reasoned that the delay was attributable to the petitioner's own non-cooperation, and therefore, the appropriate remedy was to direct the petitioner to provide the necessary materials to substantiate the complaint while ensuring the investigation is completed within a specific timeframe. Accordingly, this Criminal Original Petition is disposed of with a direction to the third respondent to appraise the progress of the investigation to the second respondent every Friday.
PRAYER : Petition filed under Section 528 of BNSS, 2023 , to transfer the investigation in Crime No.166 of 2024 from the 3rd Respondent to 2nd Respondent or any other investigation agency.
ORDER
This criminal original petition has been filed to to transfer the investigation in Crime No.166 of 2024 from the 3rd Respondent to 2nd Respondent or any other investigation agency.
The learned counsel appearing for the petitioner submitted that at instance of the petitioner, First Information Report in Crime No.166 of 2024 was registered against 7 persons. However, even after the registration of the FIR, there has been no progress in the investigation, and hence, he seeks the indulgence of this Court.
Per contra, The learned Government advocate (Crl.Side) on instructions submitted that after registration of the First Information Report by issuing summons, the respondent police had required the petitioner to appear before them for gathering necessary information to further proceed with the investigation. However, the petitioner had not turned up. Hence, they are not able to proceed with the investigation.
Recording the same, this Court hereby directs the petitioner to produce all necessary materials to substantiate the complaint lodged by her as against all the accused and the third respondent is directed to conclude the investigation as expeditiously as possible within a period of 2 months from the date of receipt of a copy of this order. This Court also directs the second respondent to monitor the investigation conducted by the third respondent. Accordingly, this Criminal Original Petition is disposed of with a direction to the third respondent to appraise the progress of the investigation to the second respondent every Friday.
03.02.2026
NCC : Yes / No
Index : Yes / No
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