M. Ramamoorthy v. The State of Tamilnadu

ORDER This petition has been filed seeking to transfer the investigation in Crime No.183 of 2019 dated 12.11.2019 on the file of the 3rd Respondent and entrust the same to the Respondent No.2 or any other competent officer within the time framed by this Court.

¶2The petitioner is the defacto complainant at whose instance, Crime No. 183 of 2019 was registered by the 3rd respondent Police for the offences under Sections 341, 294(b), 323 and 506(i) of IPC with respect to the abuse, threat and attack suffered by the petitioner at the hands of the accused. Even after a lapse of 6 years, there is no progress in the investigation. Hence, this petition.

¶3When the matter came up for hearing, the learned Government Advocate (Crl.Side) submitted that investigation has been completed and a final report has also been filed before the learned Judicial Magistrate, Mudhukulathur. However, the same has not yet been taken on file.

¶4Per contra, the learned counsel for the petitioner claimed that charge sheet has not been filed sofar. Earlier, when Crl.OP(MD)No.8118 of 2022 taken up for hearing, the learned Government Advocate (Crl.Side) made the same submission. On that basis, the said Criminal Original Petition was closed. Even today, the learned Government Advocate (Crl.Side) made the very same submission.

¶5Instantaneously, the learned Government Advocate (Crl.Side) placed a copy of the Charge Sheet and submitted that it was not taken for cognizance so far only because of the deletion of one of the accused's name. For which, to give an opportunity to the petitioner, who is the defacto complainant herein the case has been posted for his appearance.

¶6Considering the same, the petitioner/defacto complainant is directed to appear before the learned Judicial Magistrate, Mudhukulathur, to raise objections if any, and deal with the case.

¶7With the above direction, this Criminal Original Petition is disposed of.

03.02.2026 NCC : Yes / No

Index : Yes / No dss

L.VICTORIA GOWRI, J. dss TO:-

1.The Superintendent of Police, O/o The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Deputy Superintendent of Police, O/o The Deputy Superintendent of Police, Mudukulathur, Ramanathapuram District.

3.The Inspector of Police, Mudukulathur, Ramanathapuram District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Dated

03.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Ramamoorthy ... Petitioner/Defacto Complainant Vs. 1.The Superintendent of Police, O/o The Superintendent of Police, Ramanathapuram District, Ramanathapuram. 2.The Deputy Superintendent of Police, O/o The Deputy Superintendent of Police, Mudukulathur, Ramanathapuram District. 3.The Inspector of Police, Mudukulathur, Ramanathapuram District. (Crime No.183 of 2019) ... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023 to issue a direction, directing the 1st Respondent to transfer the investigation in Crime No.183 of 2019 dated 12.11.2019 registered under Sections 341, 294(b), 323 and 506(i) of IPC on the file of the 3rd Respondent and entrust the same to the Respondent No.2 or any other competent officer within the time framed by this Court. For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.)