BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Manikandasamy ... Petitioner Vs.

1.The State of Tamil Nadu, Rep.By The Superintendent of Police, O/o.The Superintendent of Police, Thoothukudi, Thoothukudi District.

2.The Deputy Superintendent of Police, Maniyachi, O/o.The Superintendent of Police, Puliyampatti, Thoothukudi District.

3.The Inspector of Police, Puliampatti, Police Station, Thoothukudi District.

Crime No.152/2025

4.The Deputy Superintendent of Police, CBCID Branch, Thoothukudi District. ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to transfer the investigation in Crime No.152 of 2025 pending on the file of the 2^nd and 3^rd respondents to the file 4^th respondent or any other competent independent agency for the proper and fair investigation under the monitor of 1^st respondent and file final report.

For Petitioner : M/s.M.Maria Vinolia For Respondents : Mr.M.Sakthi Kumar Government Advocate(Crl.Side)

ORDER

Seeking to transfer the investigation from the file of the 3^rd respondent to the 4^th respondent, this criminal original petition is filed.

2. The learned counsel for the petitioner submitted that the petitioner is a defacto complainant on whose instance F.I.R in Crime No.152 of 2025 came to be registered for the offences under Sections 3(5), 329(3), 324(4), 76, 115(2) and 351(3) of BNS, 2023, Section 4 of TN Prohibition of Harassment of Women Act, 2002 and Sections 3(1) (r), 3(1)(s), 3(1)(g) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 on 05.12.2025 on the file of the 3^rd respondent police, with regard to the suspicious death of the petitioner's father who died on 05.12.2025. Despite passage of 83 days, there is no progress in the investigation. Among the 15 accused persons, only one accused has been arrested so far. Even after a lapse of 83 days, the petitioner did not receive the body of his deceased father protesting to the manner in which the investigation is conducted. She further pointed out that the police were very reluctant at the first instance even to file a First Information Report and the same came to be registered only after two days. Hence, this petition.

3. The learned Government Advocate (Criminal Side) submitted that the petitioner’s grandfather had two legal heirs and had executed a Will in their favour. Upon the demise of the petitioner’s grandfather, the petitioner’s father allegedly encroached upon the share belonging to the other legal heir, resulting in a subsisting land dispute between the parties. It is further submitted that, on the date of occurrence, only a quarrel had taken place between the parties. The learned Government Advocate(crl.side) also contended that the petitioner’s father passed away only after three days of being admitted to the hospital. Accused No.1 has been arrested.

4. Heard the learned counsel on either side and carefully perused the materials available on record.

5. In view of the sensitive nature of the facts involved, this Court hereby direct the 3^rd respondent police to take necessary steps to conclude the investigation and file final report as expeditiously as possible within a period of four (4) weeks from the date of receipt of copy of this order and he is further directed to apprise the progress of the investigation every Friday to the 2^nd respondent. The 2^nd respondent is directed to monitor the investigation conducted by the 3^rd respondent and ensure that proper investigation is conducted.

6. With the above directions, this Criminal Original Petition is disposed of. 26.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To

1.The Superintendent of Police, O/o.The Superintendent of Police, Thoothukudi, Thoothukudi District.

2.The Deputy Superintendent of Police, Maniyachi, O/o.The Superintendent of Police, Puliyampatti, Thoothukudi District.

3.The Inspector of Police, Puliampatti, Police Station, Thoothukudi District.

Crime No.152/20