A court will not interfere with a charge sheet under Section 482 Cr.P.C. to order further investigation after the trial court has taken cognizance, unless substantial and valid grounds or evidence are presented to prove the investigation was legally flawed or incomplete.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2026 CORAM THE HON'BLE MR.JUSTICE P.DHANABAL and Crl.M.P(MD)Nos.12611 of 2023 and 644 of 2024 Santhi .. Petitioner Vs.

1. The Superintendent of Police Trichy District Trichy

2. The Inspector of Police Boiler Plant Police Station Trichy, Trichy District

3. The Inspector of Police All Women Police Station, Thiruvarumbur Trichy District .. Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.PC. to call for the records and set aside the charge sheet filed by the third respondent police in SC No.83 of 2023 on the file of the Additional District and Sessions Court cum Mahila Court, Trichy and consequently transfer the investigation from the third respondent to any other competent officer to conduct further investigation and file charge sheet afresh in Crime No.10 of 2022 on the file of the second respondent police.

For Petitioner : Mr.K.Sivabalan For R-1 : Mr.M.Mohamed Riyaz Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed to set aside the charge sheet filed by the third respondent police in SC No.83 of 2023 on the file of the Additional District and Sessions Court cum Mahila Court, Trichy and consequently transfer the investigation from the third respondent to any other competent officer to conduct further investigation and to file charge sheet afresh in Crime No.10 of 2022 on the file of the second respondent police.

2. According to the petitioner she is the defacto complainant in this case and she had two daughters and one son. The second daughter of the petitioner was residing in her grand mother's house. While so, on 13.05.2022 she gave information that the daughter of the petitioner had severe stomach pain and she was taken to Kattur John Basco Hospital and thereafter she was taken to bell hospital for further treatment on 16.05.2022. Thereafter she came to know that one unidentified person gave love torture to the daughter of the petitioner and that person on 12.05.2022 came along with two other persons and caught hold the petitioner's daughter and they gave some poisonous substance on her mouth on compulsion and thereby the petitioner lodged a complaint before the second respondent on 18.05.2022 and a case has been registered in Crime No.10 of 2022 for the offences under Sections 354(D), 328,307,34 of IPC and Section 4 of TNPHW Act. After registration of the First Information report the daughter of the petitioner died on 22.05.2022 and the case has been altered to Section 174 of Cr.P.C as suspicious death. The respondent police without giving any notice to the petitioner altered the case and once again altered to Section 306 of IPC against one Karan. No proper investigation was conducted by the third respondent police and thereby the petitioner has sent a representation dated 28.07.2023 to the first respondent and the same was not considered by the respondent police and thereby the present petition has been filed.

3. The learned Government Advocate(Crl.Side) appearing for the first respondent would submit that based on the complaint lodged by the petitioner they registered a case and thereafter the victim died and the case was altered to Section 174 of Cr.P.C., and again altered to Section 306 of IPC and included one Karan as accused. Thereafter they filed final report before the Session Court and the Sessions Court has also taken cognizance and now the case is pending in SC No.83 of 2023 on the file of the Additional District and Sessions Court cum Mahila Court, Trichy. The respondent police conducted fair investigation and after elaborate investigation filed final report and thereby there is no necessity to quash