While dealing with a case involving the alleged theft of substantial valuables, followed by the suspicious death of the complainant’s father, which raised serious concerns regarding the manner in which the investigation was handled, the Madras High Court has transferred the case to the Crime Branch Crime Investigation Department (CBCID).

The High Court also held that justice must not only be impartial in substance but must also appear to be so in perception.

The High Court was considering the Petitions filed under Section 528 of BNSS, 2023, seeking transfer of investigation in a criminal case from the file of the Inspector of Police (second respondent) to the Inspector General of Police, CBCID (third respondent) for a fair and impartial investigation.

The Single Bench of Justice L. Victoria Gowri held, “Justice must not only be impartial in substance but must also appear to be so in perception. The credibility of the criminal justice system rests upon the fairness of investigation at its very inception. The facts of the present case disclose sufficient grounds to hold that the investigation conducted by the second respondent police does not inspire the confidence of this Court. Therefore, this Court finds it to be a fit case to transfer the investigation to CBCID.”

Advocate R.Karunanidhi represented the Petitioner, while Government Advocate (Crl.Side) M.Sakthi Kumar represented the Respondent.

Factual Background

As per the complaint, the petitioner, upon returning to his residence, one day, found the house in a disturbed condition with the front door open, the trolley bag broken, and the valuables missing. It was alleged that cash amounting to Rs 22 lakh and gold jewels weighing about 15 sovereigns were stolen from the house. The petitioner's father immediately lodged a complaint with the police on the same day. However, instead of registering a First Information Report forthwith, only a Community Service Register (CSR) entry was made. It was further stated that despite repeated requests by the petitioner's father, no FIR was registered promptly.

During this period, the petitioner's father was allegedly under distress. On January 24, 2025, the petitioner was found unconscious and was admitted to a private hospital, where he was declared dead. Subsequently, the FIR was registered with respect to his death and the FIR in the case relating to theft was registered only after a delay of nearly 23 days from the date of occurrence.

Reasoning

The Bench, at the outset, stated, “It is a settled principle that transfer of investigation to a specialised agency is not to be ordered as a matter of routine, but only when the Court is satisfied that the investigation lacks fairness, impartiality or credibility.”

The Bench took note of the admitted delay of nearly 23 days in registering the FIR relating to a serious allegation of theft involving substantial cash and gold. “The explanation offered for such delay is neither satisfactory nor convincing”, it added.

The Bench further stated that procedural lapses and unexplained delays themselves erode the credibility of the investigation. As per the Bench, the emotional and factual link between the alleged theft and the subsequent death of the petitioner's father could not be brushed aside lightly.

“When the complainant himself has lost faith in the investigation, and when the surrounding circumstances give rise to reasonable apprehension, this Court is duty bound to ensure that justice is not only done but also seen to be done”, the Bench mentioned, while further holding that an investigation by an independent and specialised agency would instil confidence and ensure a fair outcome. Thus, withdrawing the investigation on the file of the police, the Bench transferred the same to the file of the CBCID.

Cause Title: Sathiskumar v. The Superintendent of Police (Case No.: Crl. OP (MD)No.18492 & 18495 of 2025)

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Madras High CourtJustice L. Victoria Gowri

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.