Madras High CourtCRL OP(MD)/5994/2026closed

K.Ganesan v. The State Of Tamil Nadu,

2026-03-26Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.5994 of 2026 K.Ganesan

...Petitioner/Defacto Complainant

1. The State of Tamil Nadu, Rep. by the Superintendent of Police, Thoothukudi.

2. The Inspector of Police, District Crime Branch - I, Thoothukudi.

...1st and 2nd Respondents/Complainant

3. A.Jesu Selvam

4. Meenakshi Sundaram

5. Selvam

6. Santhanamariappan

7. Perumal ...3rd to 7th Respondents/Proposed Accused PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to issue a direction to the 2nd respondent to register a case pursuant to the order passed by the learned Judicial Magistrate No. IV, Thoothukudi in Cr.M.P.No. 1704 of 2025 dated 02.07.2025 and further direct the 2nd respondent to investigate the matter and to file a final report before the concerned Court within a time limit stipulated by this Court. 1/5

For Petitioner : M/s.C.Ezhilarasu For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor for R1 & R2

ORDER

The present petition has been filed by the defacto complainant in Cr.M.P.No.1704 of 2025, on the file of learned Judicial Magistrate No.IV, Tuticorin, seeking to implement the order dated 02.07.2025, passed by the said Court.

2. The petitioner herein has approached the learned Judicial Magistrate No.IV, Tuticorin, in Cr.M.P. No.1704 of 2025, seeking a direction under Section 175(3) of BNSS. After considering the submissions, an order has been passed on 02.07.2025 directing the investigation agency to conduct preliminary enquiry and in case, if any of any cognizance is made out, they were directed to register the FIR.

3. After enquiry, a closure report has been presented before the Judicial Magistrate No.IV, Tuticorin, 16.09.2025, on the ground that it is a civil dispute. 2/5

4. In view of the above said facts, the petitioner is at liberty to initiate appropriate proceedings.

5. With the above said observations, this Criminal Original Petition stands closed.

26.03.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/5

1. The learned Judicial Magistrate No. IV, Thoothukudi.

2. The Superintendent of Police, Thoothukudi.

3. The Inspector of Police, District Crime Branch - I, Thoothukudi.

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

4/5

R.VIJAYAKUMAR , J.

RJR Crl.OP.(MD)No.5994 of 2026 26.03.2026 5/5