K.Padmanathan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2026
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Padmanathan ... Petitioner Vs.
1.The State of Tamil Nadu, Rep By the Superintendent of Police, Economic Offences Wing (EOW), Virudhunagar District.
2.The State of Tamil Nadu, Rep By the Inspector of Police, Economic Offences Wing (EOW), Virudhunagar District.
(Crime No.3 of 2025) ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the second respondent/Inspector of Police, Economic Offences Wing(EOW), Virudhunagar District, to complete the investigation and file the final report in Crime No.3 of 2025 dated 12.08.2025 within a fixed time frame.
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For Petitioner : Mr.G.M.Xavier For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.side)
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 victimcentric, 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 2/9
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.
3. Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to direct the second respondent/Inspector of Police, Economic Offences Wing(EOW), Virudhunagar District, to complete the investigation and file the final report in Crime No.3 of 2025 dated 12.08.2025. Submissions:
4. The learned counsel for the petitioner submits that though the FIR was registered on 12.08.2025, 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.
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5. The learned Government Advocate (Crl.Side) submitted that the investigation is in progress and the investigating officer shall abide by any timeline fixed by this Court. He further submits that the petitioner is not cooperating for the enquiry.
6. Heard the learned counsels on either side and carefully perused the materials available on record.
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 4/9
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.
9. The petitioner alleges that the accused induced him to pay money on the promise of arranging substantial loan assistance. Believing their representations, the petitioner paid various amounts between 18.12.2019 and 2024, totaling Rs.11,29,188/-, supported by receipts and bank transactions. Despite repeated demands, the amount was not repaid and repayment was postponed on false pretexts. The petitioner later learned that several others had been similarly cheated. Consequently, the petitioner lodged a complaint on 26.06.2025 before the 2nd respondent, and after preliminary enquiry and legal opinion from the Government Special Public Prosecutor, TNPID Court, Madurai, 5/9
approval was obtained from higher authorities. Thereafter, F.I.R in Crime No.3 of 2025 was registered for the offences under Sections 61(2), 318(4), 316(2) of BNS, 2023 and Sections 21(3), 23 of BUDS Act and Section 5 of TNPID Act. This Court notes that the FIR in the present case was registered on 12.08.2025 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.
10. 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.
11. Accordingly, this Court is inclined to issue appropriate directions.
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12. 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.3 of 2025 and file a final report before the jurisdictional Court within a period of four months from the date of receipt of a copy of this order. Further, the petitioner is directed to cooperate for the enquiry.
(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:
13. 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.
14. Accordingly, this Criminal Original Petition is disposed of with the above directions.
28.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Superintendent of Police, Economic Offences Wing (EOW), Virudhunagar District.
2.The Inspector of Police, Economic Offences Wing (EOW), Virudhunagar District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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L.VICTORIA GOWRI, J.
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