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Madras High CourtCRL OP(MD)/4016/2026closed

Thanisha v. State Of Tamilnadu Rep By Inspector Of Police, Eraniel

2026-02-25Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD)No.4016 of 2026 Thanisha ... Petitioner/Defacto Complainant Vs.

1. The State of Tamilnadu Rep by, The Inspector of Police, Eraniel Police Station, Kanniyakumari District.

(Crime No.38 of 2025) ... Respondent/Complainant PRAYER : Petition filed under Section 528 of BNSS, 2023 to direct the Respondent to conduct a fair investigation and to file a final report in Crime No.38 of 2025 on the file of the Respondent Police as contemplated under Section 173 of BNSS, 2023 within a stipulated time fixed by this Court. For Petitioner : Mr.R.Murugan For Respondents : Mr.N.Thanga Aravindh Government Advocate (Crl.Side)

ORDER

This petition has been filed to direct the respondent to conduct a fair investigation and to file a final report in Crime No.38 of 2025 on the file of the Respondent Police as contemplated under Section 173 of BNSS, 2023 within a stipulated time fixed by this Court.

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2. When the matter is taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the respondent police would submit that after completion of investigation, the final report has been filed as 'mistake of fact' before the learned Judicial Magistrate, Eraniel.

3. The learned counsel for the petitioner submitted that RCS notice yet to be served to the petitioner/defacto complainant.

4. In view of the same, this Criminal Original Petition is closed. The respondent police is directed to serve RCS notice to the petitioner/complainant and the petitioner is at liberty to challenge the final report, by filing a protest petition if so advised. If the protest petition is filed, the same shall be disposed of by the learned Judicial Magistrate, Eraniel, within a period of 4 weeks from the date of filing of the protest petition.

25.02.2026 NCC : Yes / No Index : Yes / No dss 2/4

TO:-

1. The Judicial Magistrate, Eraniel.

2. The Inspector of Police, Eraniel Police Station, Kanniyakumari District.

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

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L.VICTORIA GOWRI, J.

dss Order made in Crl.O.P.(MD)No.4016 of 2026 Dated 25.02.2026 4/4