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2026 Supreme(Online)(Mad) 47323
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.Ilanthiraiyan, J
R. Ezhumalai – Appellant
Versus
Superintendent of Police – Respondent
WP.Crl.No.1070 of 2026
For the Appellants/Petitioners: P. Venkatesan
For the Respondents: R. Ganesh Kumar
Mere pendency of a criminal investigation is not a sufficient ground for the High Court to exercise its jurisdiction under Article 226 of the Constitution to transfer the investigation to another agency.
Headnote:The petitioner sought a writ of mandamus to transfer the investigation of a criminal case involving the suspicious death of his son to an independent investigating agency. The court analyzed the request under Article 226 of the Constitution of India and examined the status of current investigation proceedings. The court determined that mere pendency of an investigation does not constitute sufficient grounds for transferring the investigation to another agency. The main issue was whether the investigation of the crime should be transferred due to alleged dissatisfaction. The court held that without specific compelling reasons or evidence of bias, the court should not interfere with the ongoing investigative process established by law, emphasizing that the focus should remain on timely completion of the investigation rather than shifting the agency. Ultimately, the petition was dismissed with a direction to the investigating authority to complete the investigation and file a final report before the jurisdictional magistrate within twelve weeks.
| Table of Content |
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| 1. grounds for transfer of investigation. (Para 1 , 2) |
| 2. court mandate for timely completion of investigation. (Para 3) |
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN WP.Crl.No.1070 of 2026 R.Ezhumalai ... Petitioner Vs.
1.The Superintendent of Police, Villupuram District, Villupuram.
2.The Inspector of Police Gingee Police Station, Gingee Taluk, Villupuram District.
3.The Superintendent of Police, CBCID Office, Pantheon Road, Near Commissioner Office, Komaleeswaranpet, Egmore, Chennai - 600 008. ... Respondents Prayer:
Writ Petition(Crl.) filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the respondents to transfer the investigation in crime No.558 of 2025 dated 19.12.2025 on the file of the third respondent police to the CBCID (Crime Branch-CID) or any other independent investigating agency, and consequently direct the said agency to conduct a fair, impartial and effective investigation in accordance with law and to file a final report within a time frame fixed by this Court and further direct the respondents to hand over all records, documents and materials pertaining to the said crime to the CBCID forthwith.
For Petitioner : Mr.P.Venkatesan For Respondents : Mr.R.Ganesh Kumar, Counsel for Government of Tamil Nadu (Criminal Side)
ORDER
This writ petition has been filed praying for a direction to the respondents to transfer the investigation in crime No.558 of 2025 dated 19.12.2025 on the file of the third respondent police to the CBCID (Crime Branch-CID) or any other independent investigating agency and consequently to direct the said agency to conduct a fair, impartial and effective investigation in accordance with law and to file a final report within a time frame fixed by this Court and further to direct the respondents to hand over all records, documents and materials pertaining to the said crime to the CBCID forthwith.
2. Though the petitioner has approached this Court for transfer of investigation in crime No.558 of 2025 from the file of the third respondent to CBCID, this Court finds no grounds for transfer of investigation. Further, though investigation is still pending, mere pendency of the investigation is not a ground to pray for transfer of investigation. Moreover, the case has been registered under Section 194 of BNSS since the son of the petitioner died suspiciously.
3. In view of the above discussion, this Court is not inclined to transfer the investigation. However, the second respondent is directed to complete the investigation in crime No.558 of 2025 and to file final report before the jurisdictional magistrate within a period of twelve weeks from the date of receipt of this order.
4. With the above direction, this writ petition is dismissed.
There shall be no order as costs.
