Transfer of investigation under S.528 BNSS not warranted post-charge sheet without concrete evidence of deficient probe.

ORDER :

R.VIJAYAKUMAR, J. 

The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) by the mother of the deceased seeking a direction to the second respondent to withdraw and transfer the investigation in Crime No.110 of 2025 which is pending on the file of the fourth respondent and transfer the same to the file of the fifth respondent.

(A).Factual Background:

2.As per averments in the petition, the petitioner is blessed with two daughters and son by name S.Shivaraj who had passed away on 20.03.2025. As per averments in the petition, there was a matrimonial dispute between Shivaraj and his wife namely Padmavathi. It is alleged that the petitioner's daughter-in-law was demanding properties and she had an eye over the assets of the deceased Shivaraj. It is further alleged that the deceased Shivaraj was admitted forcibly in a De-addiction Centre by his wife and son with the help of two known persons.

3.It is further alleged in the petition that the petitioner was not permitted to visit the said De-addiction centre and therefore, she was constrained to file HCP(MD).No.119 of 2025 as against the administration of the De-addiction centre, her daughter-in-law and her grandson. Thereafter, the said HCP was disposed of on 29.01.2025 wherein the deceased Shivaraj had appeared and had stated that he does not want to continue to be in the De-addiction centre and he wanted to be set at liberty. With the certain observations, HCP(MD).Nos.119 of 2025 was closed permitting the deceased to choose his life.

4.It is further averred in the petition that from 01.03.2025 onwards, the family of the petitioner started living in native residence in Kodaikanal and he was humiliated and branded as an addict. Unable to undergo the mental trauma and agony as his wife and son were treating him inhumanly, abusing him, has triggered the deceased to file H.M.O.P.No.75 of 2025 before Sub Court, Palani seeking divorce. Suddenly the deceased Shivaraj went missing on 21.03.2025 and his mobile could not be reached and therefore, the petitioner is said to have given complaint to the Kodaikanal Police Station which did not emanate any response. Only on 25.03.2025 at about 10.00 a.m when they searched the premises of the cottage and found the partially burnt body of the deceased Shivaraj and with the help of younger daughter was identified and RDO enquiry was initiated under 193 of BNSS.

5.It is further alleged that the daughter-in-law and her grandson who are residing opposite to the cottage had not come forward to see the inhuman death of her husband. They have also not provided CCTV footage from their house. The petitioner apprehends that the unnatural death of her son is rooted in the property dispute between her son and his wife and her grandson. It is further averred in the petition that the police officials have neither summoned the daughter-in-law or grandson and despite repeated representations, the investigation is limited only to arresting whose role has not been clearly disclosed and nor any recovery or further investigation has taken place. 6.It is further averred that the crime involves serious offence including illegal confinement, property dispute and possibly murder with destruction of evidence, which requires expertise and an impartial approach beyond the capacity of the second respondent. It is further averred that the petitioner had made multiple representations to various higher officials including to the Chief Minister's Cell, however there was no action. Hence,