B.Karthik v. The Superintendent of Police

ORDER This Criminal Original Petition has been filed seeking transfer of the investigation in Crime No.121 of 2026 from the file of the second respondent to an independent investigating agency.

¶2A perusal of the First Information Report reveals that the petitioner, who is a Grade-II registered contractor in the Block Development Office, lodged a complaint stating that, while he was conversing with one Selvaraj, the accused approached him, abused him by uttering his caste name, and criminally intimidated him. Based on the said allegations, case was registered on

20.06.2026 for the offences punishable under Section 296 (b) of BNSS, 2023 read with Sections 3 (1) (r) and 3 (1) (s) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

¶3The learned counsel for the petitioner submitted that the investigation ought to be transferred to another agency on the ground that, when certain witnesses came forward to support the petitioner, the Deputy Superintendent of Police threatened them and attempted to influence their statements. According Page3 of 5 to the learned counsel, such conduct demonstrates bias on the part of the Investigating Officer, thereby warranting transfer of the investigation.

¶4I have considered the submissions made by the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents 1 to 3.

¶5In cases of this nature, the Investigating Officer is required to question and confront witnesses during the course of investigation in order to ascertain the truth. Such interaction, by itself, cannot be construed as indicative of bias or prejudice on the part of the Investigating Officer. Furthermore, the FIR came to be registered only on 20.06.2026 and the investigation is still at a nascent stage. Except for the bald allegation made by the petitioner, no material has been placed before this Court to substantiate the claim of bias.

¶6In such circumstances, this Court is of the view that no sufficient ground has been made out for transferring the investigation to another agency. However, the investigating Officer shall ensure that the investigation is conducted in a fair, impartial, and transparent manner and that the final report is filed in accordance with law. Page4 of 5

¶7With the above observations and directions, this Criminal Original Petition stands disposed of. 02-07-2026 av To

¶1The Superintendent of Police Vellore District.

¶2The Deputy Superintendent of Police (SC/ST Prevention of Atrocities Wing / Competent Investigating Officer), Vellore District.

¶3The Inspector Of Police K.V.Kuppam Police Station, Vellore.

¶4The Public Prosecutor, Madras High Court. CRLoOPoNo.o17071oofo202 D.BHARATHAoCHAKRAVARTHY,oJ. av CRLoOPoNo.o17071oofo2026 02-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 17071 of 2026 B.Karthik, S/o Balasettu, residing at, No.11/25, Nagal Colony, Keezh Alathur Post, K.V.Kuppam Taluk, Vellore. ..Petitioner(s) Vs 1. The State Tamil Nadu represented by The Superintendent of Police Vellore District. 2. The Deputy Superintendent of Police (SC/ST Prevention of Atrocities Wing / Competent Investigating Officer), Vellore District. 3. The Inspector Of Police K.V.Kuppam Police Station, Vellore. 4. M.Selvam, S/o Murugesan, Nagal, Kizhalathur, K.V.Kuppam Taluk, Vellore. ..Respondent(s) Prayer: This Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to transfer the investigation in Crime No.121 of 2026 from the file of the second respondent to an independent investigating agency or pass such further or other orders. Page2 of 5 For Petitioner(s): Mr.S.Tamil Selvan For Respondent(s): Mr.R.Rajasekaran Government Advocate (Criminal Side) for R1 to R3