Madras High CourtCRL OP(MD)/4019/2026disposed of

N.Sivabalan v. The State Of Tamilnadu, Rep By The Superintendent Of Police

2026-02-25Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI N.Sivabalan ... Petitioner Vs.

1.The Superintendent of Police, Nagerocil, Kanyakumari District.

2.The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, directing the 2nd respondent to comply the order in Crl.M.P.No. 1518 of 2025 dated 12.12.2025 on the file of the Judicial Magistrate No.I, Nagercoil within a stipulated time as fixed by this Court. For Petitioner : Mr.Aayiram K.Selvakumar For Respondents : Mr.B.Thanga Aravindh Government Advocate(Crl.Side) 1/5

ORDER

Seeking to direct the 2nd respondent to comply with the order passed by the learned Judicial Magistrate No.I, Nagercoil in Crl.M.P.No.1518 of 2025 dated 12.12.2025, this criminal original petition is filed.

2. The learned counsel for the petitioner submitted that the petitioner had filed a petition under Section 175 (3) BNSS in Crl.M.P.No.1518 of 2025 before the learned Judicial Magistrate No.I, Nagercoil and the learned Magistrate was pleased to issue a direction on 12.12.2025, directing the 2nd respondent police to hold a preliminary inquiry within a period of seven days from the date of receipt of copy of the aforesaid order and on identifying any cognizable offence, should register a case and conduct investigation in accordance with law and complete the same within a period of thirty days from the date of receipt of the aforesaid order and file a report of compliance before the said Court. However, even after a lapse of more than 50 days, the 2nd 2/5

respondent police have not acted upon the order passed by the learned Judicial Magistrate.

3. The learned Government Advocate(Crl.Side) promptly responded by submitting that they will obey the order immediately.

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

5. The 2nd respondent police is directed to comply with the order passed by the learned Judicial Magistrate No.I, Nagercoil in Crl.M.P.No.1518 of 2025 dated 12.12.2025 forthwith.

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

25.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No 3/5

gbg To 1.The Superintendent of Police, Nagerocil, Kanyakumari District.

2.The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

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

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L.VICTORIA GOWRI, J.

gbg 25.02.2026 5/5