Case Note & Summary
The petitioner, M. Kumar, filed a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking transfer of investigation of his complaint dated 29.12.2025 from the 4th respondent (Superintendent of Police, Ramanathapuram) to another agency. The petitioner alleged that on 19.12.2025, the 6th respondent, a Sub-Inspector of Police at Pamban Police Station, purchased dried fish worth Rs.1,000 from his shop but did not pay. On 26.12.2025, the 6th respondent again visited the shop, demanded fish free of cost, and when the petitioner's brother refused, abused him and threatened to foist a false narcotic case. The petitioner lodged complaints to higher police authorities but no action was taken. The Government Advocate opposed the petition, arguing the allegations were baseless and that the 6th respondent was recently transferred. The Court, however, found that the allegations were serious and that investigation by the same department might not be impartial. The Court directed the 1st respondent (Director General of Police) to transfer the investigation to the Superintendent of Police of any other district within two weeks. The Court also suo motu impleaded the Special Executive Officer of Pamban Town Panchayat as the 7th respondent, noting that the shop was allegedly located on panchayat land without proper authorization, and directed the 7th respondent to take appropriate action regarding the unauthorized occupation.
Headnote
A) Criminal Procedure - Transfer of Investigation - Section 528 BNSS, 2023 - Fair Investigation - Petitioner alleged that the 6th respondent Sub-Inspector of Police demanded free dried fish and threatened to foist a false narcotic case - Court found that the complaint involved serious allegations against a police officer and that investigation by the same department may not inspire confidence - Held that transfer of investigation to another Superintendent of Police is necessary to ensure impartiality (Paras 2-5).
Issue of Consideration
Whether the investigation of a complaint against a police officer for alleged misconduct should be transferred to another agency to ensure a fair and impartial investigation.
Final Decision
The Court allowed the petition and directed the 1st respondent to transfer the investigation to the Superintendent of Police of any other district within two weeks. The Court also directed the 7th respondent to take action regarding the unauthorized occupation of panchayat land by the petitioner's shop.
Law Points
- Transfer of investigation
- Section 528 BNSS
- 2023
- Police misconduct
- Fair investigation
