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2026 Supreme(Online)(Mad) 31120

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
K.Karuppusamy – Appellant
Versus
The Superintendent of Police, Virudhunagar District, Virudhunagar – Respondent
Criminal Original Petition



Advocates:
For the Appellants/Petitioners: Mr.P.R.Prithiviraj
For the Respondents: Mr.R.Meenakshi Sundaram Additional Government Pleader

Court directs monitoring of investigation by senior police official when accused is from investigating station to ensure impartiality.

Headnote:First Paragraph: Relevant provisions include Section 528 of BNSS, 2023, Section 306 IPC, Section 194(3) BNSS, and provisions under BNS for dowry death. De facto complainant sought transfer of investigation in suicide case of daughter married to police sub-inspector, alleging improper FIR registration and failure to invoke dowry death provisions. Court found need for oversight due to accused's position in same station. Second Paragraph: Issues framed as whether investigation was proper given accused's role and initial FIR sections. Ratio: Accused being police official in same station warrants monitoring to ensure impartiality, without full transfer. Third Paragraph: Petition disposed with directions for Superintendent to monitor investigation and no charge sheet without permission.

Table of Content
1. daughter's suicide; accused sub-inspector; improper fir sections. (Para 2 , 3)
2. accused suspended; investigation proper; no transfer needed. (Para 4)
3. monitoring by superintendent ensures impartial investigation. (Para 6)

ORDER

The present Criminal Original Petition has been filed by the defacto complainant in Crime No.400 of 2025 on the file of the third respondent police station seeking transfer of investigation from the file of the third respondent to the file of the fourth respondent.

2. According to the learned counsel appearing for the petitioner, the daughter of the petitioner was given in marriage to the accused person, namely, one Arunkumar and she had committed suicide on 12.12.2025. The FIR has been registered in Crime No.400 of 2025 on 12.12.2025 on the file of the Sattur Town Police Station.

3. According to the learned counsel appearing for the petitioner, the accused person is working as a Sub Inspector of Police in the same police station, namely, Sattur Town Police Station. Therefore, the authorities have not conducted any proper investigation, they have registered the FIR only under Section 194(3) of BNSS Act initially, and thereafter they have altered it only to Section 306 of IPC. According to him, it is a clear case of dowry death and therefore, relevant provisions of BNS have not been invoked. Therefore, he seeks for transfer of investigation to the third respondent.

4. The learned Additional Public Prosecutor appearing for the third respondent submitted that the accused person has been suspended and he is no longer working in Sattur Town Police Station. He further submitted that though initially FIR was registered under Section 174 of IPC, later it was altered to Section 306 of IPC and investigation is being conducted in a proper manner. He further submitted that the question of transfer of investigation does not arise.

5. Heard both sides and perused the materials available on record.

6. Considering the fact that the accused person is a police official and the FIR has been registered in the same Police Station, in which, he was working as Sub Inspector of Police at the relevant point of time, this Court is inclined to direct the first respondent herein to monitor the investigation and without obtaining any prior permission or consent from the first respondent, the third respondent cannot file charge sheet. The entire investigation shall be monitored by the first respondent.

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