K.Periyasami v. The State of Tamilnadu Rep.By

ORDER This criminal original petition is filed to transfer the investigation pending in Crime No.43 of 2024 on the file of 3rd respondent and to transfer the same to the 2nd respondent or some other agency and to recover the stolen articles by conducting thorough investigation in Cr.No.43/2024 in accordance with law.

¶2The learned counsel for the petitioner submitted that the petitioner had lodged a complaint regarding the theft of 30 sovereigns of gold jewellery and a sum of Rs.5,00,000/- while they were returning to their home after attending a death ceremony. As there has been no substantial progress in the investigation, the present petition has been filed.

¶3He further submitted that earlier this Court had passed an order directing the Additional Superintendent of Police, Dindigul to file a report as to how the final report has been filed without any recovery on

08.07.2025. The report filed by the Additional Superintendent of Police, Dindigul would disclose the fact that though the accused persons were secured, the stolen articles were not recovered because the accused persons have already sold all the stolen articles.

¶4Heard the learned counsel on either side and carefully perused the materials available on record.

¶5This Court in Crl.O.P(MD)No.10290 of 2025, dated

25.11.2025 had dealt with a similar nature of this case. Fully fortified by the said order, the following directions are issued :

(i) The Additional Chief Secretary to Government, (Home, Prohibition and Excise department, Secretariat, Fort.St.George, Chennai - 600009 is suo motu impleaded as 4th respondent.

(ii) The petitioner is directed to make a representation to the 4th respondent seeking compensation in terms of the order passed by this Court in Crl.O.P(MD)No.10290 of 2025, dated 25.11.2025 forthwith.

(iii) On receipt of the same, the 4th respondent is directed to pay monetary compensation equivalent to 30% of the value of the property reported stolen to the petitioner within twelve weeks from the date of receipt of this order.

(iv) This payment shall be recoverable from the petitioner if the offender is subsequently identified and the property recovered.

¶6With the above directions, this Criminal Original Petition stands disposed of.

04.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To

1.The Superintendent of Police, Dindigul.

2.The Inspector of Police, Crime Branch CID, Dindigul.

3.The Inspector of Police, Ambilikkai Police Station, Dindigul – 624 001.

4.The Additional Chief Secretary to Government, (Home, Prohibition and Excise department, Secretariat, Fort.St.George, Chennai – 600009.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

L.VICTORIA GOWRI, J.

gbg

04.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Periyasami ... Petitioner Vs. 1.The Superintendent of Police, Dindigul. 2.The Inspector of Police, Crime Branch CID, Dindigul. 3.The Inspector of Police, Ambilikkai Police Station, Dindigul – 624 001. (Crime No.43/2024) 4.The Additional Chief Secretary to Government, (Home, Prohibition and Excise department, Secretariat, Fort.St.George, Chennai – 600009. ... Respondents (R4 is suo motu impleaded by this Court dated 04.02.2026) Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to transfer the investigation pending in Crime No.43 of 2024 on the file of 3rd respondent and to transfer the same to the 2nd respondent or some other agency and to recover the stolen articles by conducting thorough investigation in Cr.No.43/2024 in accordance with law. For Petitioner : Mr.J.Senthil Kumaraiah For Respondents : Mr.B.Thanga Aravindh Government Advocate(Crl.Side)