Madras High Court
CRL OP/4794/2026 of DEVENDRAN Vs State Reptd by on 10 November 2026
CRL OP No. 4794 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-11-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL OP No. 4794 of 2026
CNR:{HCMA010421302026}
Devendran
S/o. Kali Gounder(Late)
..Petitioner
Vs
1. State Rep. By,
The Superintendent of Police,
Office of the SP, Dharmapuri.
2. The Deputy Superintendent of Police,
CBCID Police Station, Adiyamankottai,
Dharmapuri.
3. The Inspector of Police,
Adhiyaman Kottai Police Station,
Dharmapuri.
..Respondents
PRAYER : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to direct the Respondent No.1 to transfer the investigation of Crime No.187 of 2023 date 19.07.2023 from the file of the third Respondent Police to the Second Respondent Department, Consequentially direct the second Respondent to conduct appropriate investigation and file the Final Report within a stipulated time period based on the written representation of the Petitioner dated 25.03.2025.
CRL OP No. 4794 of 2026
For Petitioner:
Mr.Thangavadhanabalakrishnan
For Respondents:
Mr.A.Amarnath
Additional Public Prosecutor
for R1 to R3
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ORDER
This Criminal Original Petition has been filed for transfer of investigation in Crime No.187 of 2023 from the file of the third respondent police to the second respondent for proper and fair investigation.
2. Heard the learned counsel appearing on either side and perused the materials placed on record.
3. On the complaint lodged by the petitioner, the third respondent police registered an F.I.R in Crime No.187 of 2023 for the offences punishable under Sections 279 and 304(A) of Indian Penal Code, alleging that on 19.07.2023 at about 7.30 a.m., the mother of the defacto complainant was hit by a white car speeding from Salem to Krishnagiri while she was walking on the left side of the National Highways Road at Krishanagiri to Jeeva Nagar division Road, where she sustained grievous injuries and subsequently died.
4. It is further alleged that, even after registration of F.I.R, the third respondent police did not even take any effective steps to find out the car which
CRL OP No. 4794 of 2026 caused accident. In fact, a headlight found at the scene of occurrence, which allegedly belonged to a Hyundai Creta car, was handed over to the investigating officer. Even then the third respondent police did not take any steps to investigate the crime.
5. On perusal of status report filed by the third respondent reveals that the headlight recovered from the scene of occurrence does not belong to Hyundai Creta Car. It is an old model headlight and does not match with any model of car. It is further stated that the third respondent also formed a separate team and enquired several persons. They had also verified CCTV footages available at the Thoppur Toll plaza and other places. However, even till date, the third respondent police have not been able to identify the vehicle involved in the accident. Therefore, there is no delay on the part of the third respondent police to transfer the investigation in Crime No. 187 of 2023 for the offences punishable under Sections 279 and 304(A) of Indian Penal Code.
6. In view of the above, this Court is not inclined to transfer the investigation in Crime No. 187 of 2023, since it would affect the investigation already done by the third respondent. However, the third respondent police is directed to complete the investigation and file a final report within a period of 12 weeks from the date of receipt of a web copy of this order.
CRL OP No. 4794 of 2026
7. Accordingly, this Criminal Original Petition is dismissed. 10-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PSS/LPP To
1. The Superintendent of Police, Office of the SP, Dharmapuri.
2. The Deputy Superintendent of Police, CBCID Police Station, Adiyamankottai, Dharmapuri.
3. The Inspector of Police, Adhiyaman Kottai Police Station, Dharmapuri.
4. The Public Prosecutor, High Court of Madras.
CRL OP No. 4794 of 2026 G.K.ILANTHIRAIYAN J. PSS CRL OP No. 4794 of 2026 10-11-2026