IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI
Balasubramanian – Appellant
Versus
The State of Tamil Nadu Rep – Respondent
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Balasubramanian ... Petitioner Vs.
1.The State of Tamil Nadu, Rep.By The Superintendent of Police, Tirunelveli District.
2.The Inspector of Police, Ambasamudram Police Station, Tirunelveli District.
3.The Inspector of Police, District Crime Branch, Tirunelveli District. ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to transfer the investigation in FIR in Crime No.125 of 2026 pending on the file of the 2nd respondent to 3rd respondent or to any other investigating agency.
For Petitioner : Mr.S.Satheesh Kumar For Respondents : Mr.M.Sakthi Kumar Government Advocate(Crl.Side)
ORDER
Seeking to transfer the investigation of the case in Crime No.125 of 2026 pending on the file of the 2nd respondent to 3rd respondent or to any other investigating agency, this criminal original petition is filed.
2. The learned counsel for the petitioner submitted that he is the defacto complainant on whose instance F.I.R in Crime No.125 of 2026 was registered for the offence under Sections 296(b), 232 and 351(3) of BNS, 2023. The learned counsel categorically contended that earlier another F.I.R in Crime No.37 of 2024 was registered as against one Mani with respect to a POCSO offence and the same culminated in laying a charge sheet and the trial has commenced before the learned Special Court for exclusive trial of cases under the POCSO Act, Tirunelveli and the case was taken on file in Spl.C.C.No.26 of 2025. When the victim had proceeded to depose evidence along with the petitioner, they were subjected to harassment by the said Mani with the sole intention to prevent them from deposing evidence. In this regard, F.I.R in Crime No.125 of 2026 was registered. However, the 3rd respondent is reluctant in concluding the investigation and filing a final report. Hence, this petition.
3. The learned Government Advocate(Crl.Side) submitted that the petitioner himself is a man with a bad criminal antecedents and as many as 12 cases are pending as against him and he is a Court bird who frequents to the various criminal Courts to appear in various criminal cases. It is his further contention that the petitioner was threatened by the said Mani in an unimaginable manner and at no point of time, the allegations as submitted by the learned counsel for the petitioner had happened. However, F.I.R in Crime No.125 of 2026 was registered only on 28.01.2026 and the investigation is on. A counter case has been registered as against the petitioner in Crime No.229 of 2026. Since all the offenses are bailable in nature, both of them were arrested and released on bail by the 3rd respondent himself. All the submissions made by the learned cousnel for the petitioner are exaggerated versions of what had actually happened.
4. Heard the learned counsel on either side and carefully perused the materials available in record.
5. Considering the nature of the dispute as one of case and case in counter, the 3rd respondent is directed to conclude the investigation in Crime No.125 of 2026 and 229 of 2026 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 report the progress of the investigation to the 1st respondent and the 1st respondent is directed to monitor the same.
6. With the above directions, this Criminal Original Petition stands disposed of.
26.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To
1.The Superintendent of Police, Tirunelveli District.
2.The Inspector of Police, Ambasamudram Police Station, Tirunelveli District.
3.The Inspector of Police, District Crime Branch, Tirunelveli District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
L.VICTORIA GOWRI, J.
gbg
26.02.2026
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