P.Deivendran v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :21.01.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.990 of 2026 P.Deivendran ... Petitioner Vs.

State of Tamil Nadu, rep., by the Inspector of Police, Y.Othakadai Police Station, Madurai District.

Crime No.174 of 2024 ... Respondent Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the respondent police to expedite the investigation in the above case in Crime No.174 of 2024 dated 18.05.2024 and file a final report within the time stipulated by this Court.

For Petitioner : Mr.M.Pandian For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl. side) 1/9

ORDER

Preface:

The advent of the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Sakshya Adhiniyam, 2023 marks a constitutional transformation in India's criminal jurisprudence. For the first time since Independence, the criminal process has been consciously re-engineered to be victim-centric, citizen-responsive and justice-oriented, in contrast to the colonial enactments which were historically designed to subserve the interests of an imperial administration and to control its subjects.

2. The new Codes emphasise timeliness, transparency, accountability, and proportionality, recognising delay as a denial of justice. In particular, the BNSS, 2023, by codifying strict timelines for investigation in Section 193, ensures that the investigating agency cannot indefinitely keep the sword of uncertainty hanging over the head of an accused or allow victims to languish without closure. It is in this mandate of constitutional justice that the present petition deserves to be examined.

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3. This Criminal Original Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking a direction to the respondent to file a final report with respect to the Crime No.174 of 2024.

Submissions:

4. The learned counsel for the petitioner submits that though the FIR was registered on 18.05.2024, no final report has been filed till date. Such delay is contrary to the statutory mandate under Section 193 BNSS, which prescribes time-bound investigation. It is therefore prayed that necessary directions be issued.

5. The learned Government Advocate (Crl. side) submits that the investigation is in progress and the investigating officer shall abide by any timeline fixed by this Court.

6. Heard the learned counsels on either side and carefully perused the materials available on record.

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Analysis:

7. The BNSS has introduced a strict regime of time-bound investigation, which reads as follows:

(i) Section 193(1) BNSS mandates that every investigation under this Sanhita shall be completed without unnecessary delay. (ii) Section 193(2) BNSS mandates that in relation to offences punishable with imprisonment of seven years or more, the investigation shall ordinarily be completed within ninety days; and in all other offences, within sixty days. (iii) Section 193(3) BNSS, mandates that if the investigation is not completed within the period prescribed, the investigating officer shall record the reasons in writing and intimate the Magistrate of such delay.

8. The statute therefore creates (i) a positive duty to complete investigation promptly; (ii) outer time limits; and (iii) a compulsory accountability mechanism for delay. These provisions are mandatory in nature and bind the investigating agency.

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9. The brief facts of the case is that the petitioner has availed loan from the HDFC Bank for a sum of Rs.11,20,000/-. On failure of the payment of instalment, the bank initiated recovery proceedings and affixed auction notice in the petitioner's house. While so, one Pandiyarajan and his family members, approached the petitioner and assured him that they would remove the auction notice and retrieve the original title documents of the petitioner's house from the bank. On believing the words of the said Pandiayarajan, the petitioner mortgaged nearly 41 sovereigns of gold jewels in the name of said Pandiyarajan. Despite receiving the said amount, the accused persons neither retrieved the original documents from the bank nor returned the money to the petitioner.

When the same was questioned by the petitioner, the accused person demanded more amount. The petitioner also paid Rs.6,00,000/- and his two wheeler to the accused persons. When the petitioner demanded receipt for the payment, the accused persons threatened him with dire consequences. Hence, the petitioner lodged a complaint before the respondent police and the same was registered in Crime No.174 of 2024 on 18.05.

318(4), 351(2) and 303(2) BNS) against one Pandiyarajan and his family members. Thereafter, no steps were taken to file a final report. Hence, this petition.

10.This Court notes that the FIR in the present case was registered on 18.05.2024 and the investigation has not culminated in a final report even after the lapse of the period contemplated under Section 193(2) BNSS. No material is placed before this Court to show that the reasons for delay were recorded in writing or that the same was intimated to the jurisdictional Magistrate as required under Section 193(3) BNSS.

11. Such unexplained delay defeats the very purpose of the reformed statutory architecture, which mandates expeditious investigation so that the criminal process becomes an instrument of justice rather than a prolonged ordeal.

12. Accordingly, this Court is inclined to issue appropriate directions.

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13. In the light of the above statutory mandate and taking into account the facts and submissions, the following directions are issued:

(i) The respondent police is directed to complete the investigation in Crime No.174 of 2024 and file a final report before the jurisdictional Court within a period of eight (8) weeks from the date of receipt of a copy of this order.

(ii) If for any legally acceptable reason the investigation cannot be completed within the above period, the investigating officer shall strictly comply with Section 193(3) BNSS by recording reasons in writing and placing the same before the jurisdictional Magistrate without fail.

(iii) The petitioner is at liberty to work out his remedies in accordance with law if the above directions are not complied with. Epilogue:

14. The BNSS, 2023 embodies a shift from a punitive colonial framework to a justice-centric democratic framework. Timely 7/9

investigation is the first guarantee of fairness to both victim and accused. This Court expects diligent adherence to statutory timelines by the investigating agency.

15. The Criminal Original Petition is accordingly disposed of with the above directions.

21.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No Rmk To 1.The Inspector of Police, Y.Othakadai Police Station, Madurai District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI, J.

Rmk CRL OP(MD)No.990 of 2026 21.01.2026 9/9