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Madras High CourtCRL OP(MD)/3512/2026dismissed

A.Shanthi v. The State Of Tamilnadu, Rep. By The Superintendent Of Police,

2026-02-19Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19.02.2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI CRL OP(MD). No.3512 of 2026 A.Shanthi ... Petitioner Vs

1. The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Devakottai, Sivagangai District.

3.The Inspector of Police, Town Police Station, Devakottai, Sivagangai District.

... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to issue a direction directing the respondents to proceed with re-investigation in Crime No.89 of 2020 dated 19.04.2020, pending on the file of the 3rd respondent police, and consequently, direct the 3rd respondent police to take appropriate and further action on the complaint 1/4

given by the petitioner's husband dated 12.05.2020, registered as CSR.No.101/2020 pending on the file of the 3rd respondent police. For Petitioner : M/s.J.Aswinin for Mr.S.Karthik For Respondents : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to issue a direction directing the respondents to proceed with re-investigation in Crime No. 89 of 2020 dated 19.04.2020, pending on the file of the 3rd respondent police, and consequently, direct the 3rd respondent police to take appropriate and further action on the complaint given by the petitioner's husband dated 12.05.2020, registered as CSR.No.101/2020 pending on the file of the 3rd respondent police.

2. The learned counsel for the petitioner submitted that the petitioner is a defacto complainant at whose instance the First Information Report in Crime No.89 of 2020 came to be registered for the suspicious death of her daughter, who had died consuming poison. 2/4

3. However, the learner Government Advocate (Crl.Side) submitted that already a discreet inquiry was conducted and the same has been closed as "Mistake of fact" and RCS notice has also been served upon the defecto complainant as early as in the year 2022. Having received the same, after a lapse of four years, now, this petition, has been filed.

4. Heard both sides and carefully perused the materials available on record.

5. Recording the submission made by the learned Government Advocate (Crl.Side), this Criminal Original Petition is dismissed with liberty to the petitioner to challenge the final report, by filing a petition seeking further investigation under Section 173(8) Cr.P.C/193(9) BNSS, 2023, if not satisfied by the manner in which final report is filed if so advised.

19.02.2026 NCC : Yes/No Index : Yes/No dss 3/4

L. VICTORIA GOWRI,J dss TO

1. The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Devakottai, Sivagangai District.

3.The Inspector of Police, Town Police Station, Devakottai, Sivagangai District.

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

ORDER

IN CRL OP(MD). No.3512 of 2026 Date : 19.02.2026 4/4