Ulaganathan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.1211 of 2026 Ulaganathan

...Petitioner

Vs.

1.State of Tamil Nadu, rep., by the Superintendent of Police, Thoothukudi District.

2.The Deputy Superintendent of Police, Thoothukudi Rural, Thoothukudi District.

3.Dhanasekaran ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the first respondent to appoint some other competent investigating officer other than third respondent herein to investigate the case in Crime No.842 of 2025 on the file of the third respondent herein. For Petitioner : Mr.S.Ramasamy For R1 & R2 : Mr.M.Sakthikumar Government Advocate (Crl.side) 1/6

ORDER

Seeking to direct the first respondent to appoint some other competent investigating officer other than the third respondent herein to investigate the in Crime No.842 of 2025 on the file of the third respondent police, this criminal origianl petition is filed. 2.The learned counsel for the petitioner submitted that the petitioner is the de facto complainant in the said crime. He had issued two cheques to the first accused, in respect of which, cheque cases in S.T.C. Nos.219 of 2024 and 220 of 2024 are pending before the learned Judicial Magistrate (Fast Track Court), Thoothukudi. It was further submitted that on 30.12.2025, the petitioner was threatened by the first accused and that, thereafter, on 31.12.2025, he was kidnapped by the first, second, and third accused. All the three accused persons allegedly compelled the petitioner to hand over his Innova car. Pursuant to the same, the petitioner's family members lodged a complaint before the third respondent. However, without registering a First Information Report immediately, the third 2/6

respondent kept the matter in abeyance. Only after the intervention of the second respondent, he registered a case and recovered the car belonging to the petitioner from the accused person. The sluggishness shown by the third respondent in registering a case immediately upon receipt of the complaint lodged by the petitioner's family, compelled the petitioner to approach this Court.

3.The learned Government Advocate (Crl.side), on instructions, submitted that upon receipt of the complaint given by the petitioner on 31.12.2025, FIR was registered on the very same day. Totally, there are four accused in this case, out of whom, three accused were arrested and remanded to judicial custody and thereafter, released on bail by the trial Court. One of the accused is still absconding and has filed anticipatory bail application before this Court and the same is pending. He further submitted that the FIR was registered on 31.12.2025 and that only 20 days have elapsed thereafter, and hence, the petitioner has approached this Court unreasonably. According to him, there is no lapse on the part of the 3/6

third respondent in discharging his duty, and the investigation is proceeding in a fair manner.

4.Heard the submissions on either side and carefully perused the materials available on record.

5.Considering the submissions made, to allay the petitioner's apprehension, this Court finds it necessary that the third respondent should appraise the progress of the investigation every Friday to the second respondent. The second respondent is directed to monitor the ongoing investigation, which is being conducted by the third respondent, from time to time. The third respondent is directed to conclude the investigation as expeditiously as possible within a period of one month from the date of receipt of a copy of this order. 4/6

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

23.01.2026 NCC : Yes / No Index : Yes / No Rmk To 1.The Superintendent of Police, Thoothukudi District.

2.The Deputy Superintendent of Police, Thoothukudi Rural, Thoothukudi District.

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

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L.VICTORIA GOWRI, J.

Rmk Crl.O.P.(MD)No.1211 of 2026 23.01.2026 6/6