Madras High Court
CRL OP(MD)/20942/2026 of O.R.Eswarlal Vs The State of Tamilnadu, rep on 9 October 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09-10-2026
CORAM
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 20942 of 2026
CNR:{HCMD011314322026}
O.R.Eswarlal
S/o.Ramakrishnaiyer @ Ramamoorthy,
Sri Ramana Nivas,
22/1, Bharathiyarnagar Extension,
2nd Main Road, Landmark Muthupatti Main Road, Madurai 625 003.
..Petitioner(s)
Vs
1. The State of Tamilnadu, rep by its Home Secretary, Secretariat, Chennai-600 009.
2. The State of Tamilnadu, rep by The Director General of Police, Dr.Radhakrishna Salai, Chennai 600 004.
3. The Director
Central Bureau of Investigation (CBI),
Headquarters No.5B, CGO Complex,
Lodhi Road, New Delhi-110 003.
4. The State of Tamilnadu, rep by The Director General of Police, Tamilnadu Crime Branch-Criminal Investigation Department (CBCID), No.220, Pantheon Road, Egmore, Chennai 600 008.
5. State Of Tamilnadu Rep By Sub Inspector Of Police, Central Crime Branch-III, Madurai City, Madurai-625 002, Crime No.17/2026.
6. The Inspector Of Police, CBCID, Unit III, Madurai City, **
Madurai
** Respondent No.6 suo-motu impleaded as per order of this Court, dated 09.10.2026.
..Respondent(s)
PRAYER: This petition is filed under Section 528 of BNSS to direct the respondents 1 and 2 to transfer the investigation in Crime No.17 of 2026 on the file of the 5th respondent police to the 3rd respondent/Central Bureau of Investigation (CBI) or any other competent investigation agency should conduct an independent and fair investigation to find out the root causes of the irregularities and malpractices and to reveal the real facts by considering the petitioner’s representation, dated 01.09.2026.
For Petitioner(s):
M/S.O.R.ESWARLAL (PARTY IN
PERSON)
For Respondent(s):
M/S. P. SAMUEL GUNASINGH, ADDL.
PUBLIC PROSECUTOR FOR R1, R2, R4,
R5 AND R6
M.KARUNANITHI
FOR R3
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
The present petition has been filed by the defacto complainant in Cr.No.17 of 2026 on the file of the 5th respondent police seeking to transfer the investigation from the file of the 5th respondent police to the 3rd respondent or any other competent investigation agency and shall conduct an independent and fair investigation to find out the root cause of the irregularities and malpractices.
2. The allegations in the FIR reveals that the accused persons are said to have inserted / replaced / substituted some pages in the Registers maintained in the Sub-Registrar office.
3. The petitioner had made serious allegations as against the 5th respondent police, who have registered and investigating the case now. The petitioner herein had sent several complaints to the higher officials. Based upon the complaints, the Commissioner of Police, Madurai City had recommended for transfer of investigation in Cr.No.17 of 2026 to CBCID to conduct further investigation vide his letter, dated 08.09.2026.
4. The 5th respondent has filed a status report, in which, Paragraph No.8 of his status report is extracted as follows: “8.It is respectfully submitted that the petitioner has repeatedly raised allegations against the investigating agency and expressed suspicion regarding the manner in which the investigation is being conducted. In view of the repeated allegations and apprehensions expressed by the petitioner regarding the fairness of the investigation, the Commissioner of Police, Madurai City, recommended the transfer of investigation in Crime No.17 of 2026 to the CBCID for further investigation vide letter in C.No.C1/15435351/2026, dated 08.09.2026. The said requisition was accepted by the Director General of Police, HoPF, Tamil Nadu, Chennai, who issued proceedings in R.C.No.15449941/Crime.3(1)/2026, dated 28.09.2026. After receiving the said order, the Commissioner of Police, Madurai City, issued proceedings vide
No.C1/e-15435351/2026, dated 29.09.2026, to the Assistant Commissioner of Police, CCB Unit-III, Madurai City, directing him to hand over the CD file and all relevant records connected with Crime No.17/2026 to the CBCID. Pursuant to the said proceedings, CCB Unit-III, Madurai City, handed over all the relevant records to the CBCID on 01.10.2026. “
4. In view of the recommendation of the Commissioner of Police, Madurai City, the files have been transferred to CBCID on 01.10.2026.
5. The learned Additional Public Prosecutor appearing for CBCID Police submitted that they have to go through the records from the year 1961 onwards and therefore, they seek six months time for completing the investigation and to file a final report.
6. However, the defacto complaint, who appeared in person submitted that a shorter time limit may be fixed to the investigation agency in view of the seriousness of the allegations in the FIR.
7. Heard the learned counsels on either side and perused the materials available on record.
8. As could be seen from the FIR, some serious allegations have been made that the officials of Sub-Registrar Office have also to be investigated and all other persons, who are connected with the insertion of certain pages in the registers maintained, which has led to the creation of bogus sale deed have also to be investigated.
9. Considering the aforesaid fact, the Inspector of Police, CBCID, Unit III, Madurai City is suo-motu impleaded as the 6th respondent in this petition.
10. In view of the aforesaid facts, there shall be a direction to the 6th respondent to complete the investigation in this case and file a final report within a period of four months from the date of receipt of copy of this order.
11. Accordingly, this Criminal Original Petition stands disposed of. 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Note :
Registry is directed to carry our necessary amendment before issuing
order copy to the parties concerned. PNM
To
1. The State of Tamilnadu, rep by its Home Secretary, Secretariat, Chennai-600 009.
2. The State of Tamilnadu, rep by The Director General of Police Dr.Radhakrishna Salai, Chennai 600 004.
3. The Director Central Bureau of Investigation (CBI), Headquarters No.5B, CGO Complex, Lodhi Road, New Delhi-110 003.
4. The State of Tamilnadu, rep by The Director General of Police Tamilnadu Crime Branch-Criminal Investigation Department (CBCID), No.220, Pantheon Road, Egmore, Chennai 600 008.
5. State Of Tamilnadu Rep By Sub Inspector Of Police, Central Crime Branch- III, Madurai City, Madurai-625 002, Crime No.17/2026.
6. The Inspector Of Police, CBCID, Unit III, Madurai City, Madurai.
7. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
R.VIJAYAKUMAR, J. PNM CRL OP(MD) No. 20942 of 2026 09-10-2026