Case Note & Summary
The petitioner, father of the victim Manikandan, filed a writ petition under Article 226 of the Constitution of India seeking transfer of investigation in Crime No.197 of 2026 from the sixth respondent police to the CBI, and compensation for grievous injuries suffered by his son. The case arose from an incident on 07.04.2026 when the seventh respondent, a Sub Inspector of Police, along with two other police personnel in civilian dress, visited the petitioner's house without warrant or summons and took Manikandan to a field, compelling him to climb palm trees to check pots for toddy. During the incident, the seventh respondent allegedly abused Manikandan using caste names, and when the petitioner objected, the respondent threatened him and attempted to assault the family with a wooden log. An altercation ensued, and the seventh respondent fired three rounds, injuring Manikandan on both legs. The petitioner's granddaughter lodged a complaint, registered as Crime No.197 of 2026 under Sections 296(b), 109(1), 351(3) of BNS and Section 4 of TNPHW Act, 2002. However, the police also registered a counter case as Crime No.195 of 2026 against Manikandan, alleging he attacked the police. The petitioner argued that the investigation was biased to protect the seventh respondent. The court, considering the allegations of police misconduct and the filing of a counter case, held that transfer to CBI was necessary for a fair investigation. The court directed the CBI to take over the investigation of Crime No.197 of 2026 and also to investigate the counter case in Crime No.195 of 2026. The court also directed the State to pay interim compensation of Rs. 5,00,000 to the victim within four weeks.
Headnote
A) Criminal Procedure - Transfer of Investigation - CBI Investigation - Article 226 of Constitution of India - Petitioner sought transfer of investigation to CBI alleging police misconduct and caste abuse by a Sub Inspector of Police - Court held that when allegations involve police personnel and a counter case has been registered, transfer to CBI is necessary to ensure a fair and impartial investigation (Paras 1-6).
Issue of Consideration
Whether the investigation in Crime No.197 of 2026 should be transferred to the CBI for a fair and impartial investigation, given the alleged involvement of police personnel and the filing of a counter case.
Final Decision
The court allowed the writ petition and directed the CBI to take over the investigation of Crime No.197 of 2026 and also investigate the counter case in Crime No.195 of 2026. The court also directed the State to pay interim compensation of Rs. 5,00,000 to the victim within four weeks.
Law Points
- Transfer of investigation to CBI
- Police misconduct
- Custodial violence
- Caste abuse
- Fair investigation
- Article 226 of Constitution of India
Case Details
2026 LawText (MAD) (06) 30
WP.Crl(MD)No.2130 of 2026 and WMP.Crl(MD)Nos.522, 523 of 2026
Mr.K.Navaneetharaja, Mr.S.Sivasubramaniam, Mr.A.Robinson, Mr.N.Mohideen Basha, Mr.G.Thalaimutharasu
The State of Tamil Nadu, The Director General of Police, The Director Central Bureau of Investigation, The District Collector, The Superintendent of Police, The Inspector of Police, Esakkiraja
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Nature of Litigation
Writ petition under Article 226 of Constitution of India seeking transfer of investigation to CBI and compensation for injuries.
Remedy Sought
Petitioner sought a writ of mandamus directing respondents 1 and 2 to withdraw investigation in Crime No.197 of 2026 from the sixth respondent and transfer it to the third respondent (CBI), and also compensation for grievous injuries suffered by his son.
Filing Reason
Alleged police misconduct by the seventh respondent (Sub Inspector of Police) who, without warrant, took the petitioner's son, abused him with caste names, and fired at him causing injuries. The petitioner alleged that the local police were protecting the accused and registered a false counter case.
Issues
Whether the investigation in Crime No.197 of 2026 should be transferred to the CBI for a fair and impartial investigation?
Whether the petitioner is entitled to compensation for the injuries suffered by his son?
Submissions/Arguments
Petitioner argued that the seventh respondent, a police officer, abused his son with caste names and fired at him, causing grievous injuries. The local police registered a counter case to protect the accused, indicating bias.
Respondents argued that the investigation was being conducted properly and there was no need for transfer to CBI.
Ratio Decidendi
When allegations involve police misconduct and a counter case has been registered, transfer of investigation to an independent agency like CBI is necessary to ensure a fair and impartial investigation. The court also held that the victim is entitled to interim compensation for grievous injuries caused by police action.
Judgment Excerpts
The petitioner, who is the father of the victim, has filed this writ petition, seeking transfer of investigation in Crime No.197 of 2026, which is pending on the file of the sixth respondent police to CBI and also compensation for the grievous injuries suffered by the petitioner's son.
When the petitioner objected to the same, the seventh respondent abused and threatened the petitioner.
The seventh respondent fired a shot towards the petitioner's granddaughter and Manikandan which missed. However, the seventh respondent again fired two rounds towards the petitioner's son, Manikandan and the bullets caused injuries to his son on both legs.
Procedural History
The petitioner filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of Madras High Court on an unspecified date. The court heard the matter and delivered judgment on 11.06.2026.
Acts & Sections
- Bharatiya Nyaya Sanhita (BNS): 296(b), 109(1), 351(3)
- Tamil Nadu Prohibition of Harassment of Women Act, 2002 (TNPHW Act): 4
- Constitution of India: 226
