N. Natarajan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16/10/2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN and Crl.M.P(MD) No.4651 of 2025 N.Natarajan ... Petitioner Vs 1.The Deputy Inspector General of Police, Madurai Range, Madurai.

2.The Commissioner of Police, Madurai City, Alagar Kovil Road, Madurai.

3.The Deputy Superintendent of Police, CBCID, Madurai, Madurai District.

4.The Inspector of Police, Karimedu Police Station, Madurai.

Crime No. 382/2019.

... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the second respondent to withdraw the case in Crime No. 1/5

382/2019 dated 03.05.2019 on the file of the fourth respondent and entrust the same to third respondent for an investigation of the case by a competent officer or any other independent investigating agency and file a final report before the Jurisdictional Magistrate within the time stipulated by this Court.

For Petitioner : Mr.T.Lajapathy Roy Senior Counsel for M/s. Roy and Roy Associates For Respondents : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor

ORDER

The petitioner seeks a direction to the second respondent to withdraw the case in Crime No.382 of 2019 from the file of the fourth respondent and entrust the same to the third respondent. 2.The learned Senior Counsel appearing for the petitioner would submit that the petitioner had lodged a complaint which was registered for the offences under Sections 306 IPC and that the fourth respondent closed the said case as a mistake of fact. He would further submit that on 2/5

the protest petition filed by the petitioner, the learned Magistrate by the order dated 03.01.2025, directed further investigation and that the respondent is yet to file the final report on the further investigation. Therefore, the investigation requires to be transferred. 3.The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner did not co-operate for the enquiry and that a summon was issued to the petitioner on 03.07.2025 to appear for enquiry. However, the petitioner replied that he would seek appropriate remedy before the Court of law.

4. In the light of the above submissions, this Court is of the view that it would suffice to direct the petitioner to appear before the fourth respondent for enquiry on 27.10.2025. The fourth respondent shall thereafter conclude the further investigation as directed by learned Magistrate and file a report before the learned Magistrate in accordance with law. The further investigation shall be monitored by the Assistant Commissioner of Police, Karimedu.

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5.With the above direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed. 16.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No cp To

1. The Deputy Inspector General of Police, Madurai Range, Madurai.

2.The Commissioner of Police, Madurai City, Alagar Kovil Road, Madurai.

3.The Deputy Superintendent of Police, CBCID, Madurai, Madurai District.

4.The Inspector of Police, Karimedu Police Station, Madurai.

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

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SUNDER MOHAN,J CP

ORDER

IN CRL OP(MD) No.6391 of 2025 Date : 16/10/2025 5/5