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Madras High CourtCRL OP(MD)/679/2025disposed of

Lingathai v. The State Of Tamilnadu

2026-02-03Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Lingathai ... Petitioner Vs.

1.State of Tamilnadu rep by, The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The State of Tamilnadu rep by, The Inspector of Police, Thisaiyanvilai Police Station, Thisaiyanvilai, Tirunelveli District.

3.The State represented by, The Inspector of Police, Valliyoor Police Station, Valliyoor, Tirunelveli District.

4.The State represented by, The Deputy Superintendent of Police, CBCID Wing, Tirunelveli, Tirunelveli District.

5.Kumarandi 6.Ramamoorthy 7.Senthil Murugan ... Respondents 1/4

PRAYER : Petition filed under Section 528 of BNSS, 2023, to pass an order directing the case in Crime No.404 of 2018 on the file of the 2nd respondent to be withdrawn and transfer to the 4th respondent for effective and proper investigation forthwith.

For Petitioner : Mr.S.Palanivelayutham For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) for R1 to R4

ORDER

This criminal original petition has been filed to pass an order directing the case in Crime No.404 of 2018 on the file of the 2nd respondent to be withdrawn and transfer the same to the 4th respondent for effective and proper investigation forthwith.

2. The learned counsel appearing for the petitioner submitted that the petitioner is the defacto complainant, at whose instance the First Information Report in Crime No.404 of 2018 was registered for the offence punishable under Sections 448, 324, 506(2) of IPC and Section 3 of TNPPDL Act, 1992 against the respondents 5 to 7 with respect to the damage to all the materials in his shop. However, even after the registration of the FIR, there has been no progress in the investigation.

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3. The learned Government Advocate (Crl.Side), on instructions, would submit that the investigation has been completed and a final report has also been filed before the learned Judicial Magistrate, Nanguneri, through online in E-Filing No.NTF C202400833 on 05.10.2024. However, it has not been taken on file.

4. In view of the above, if the charge sheet filed by the second respondent police is returned for any defects, they are directed to rectify the same as direct and represent the same before the learned Judicial Magistrate, Nanguneri and the learned Judicial Magistrate, Nanguneri, is directed to take the case on file forthwith.

5. With the above direction, this Criminal Original Petition is disposed of.

03.02.2026 NCC : Yes / No Index : Yes / No dss 3/4

L.VICTORIA GOWRI, J.

dss To:- 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Thisaiyanvilai Police Station, Thisaiyanvilai, Tirunelveli District.

3.The Inspector of Police, Valliyoor Police Station, Valliyoor, Tirunelveli District.

4.The Deputy Superintendent of Police, CBCID Wing, Tirunelveli, Tirunelveli District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Dated 03.02.2026 4/4