Mahesh v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Mahesh ... Petitioner Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Palayamkottai, Tirunelveli (District).

2. The Inspector of Police, Devarkulam Police Station, Devarkulam, Tirunelveli (District).

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to issue a direction to withdraw the investigation in Crime No. 59 of 2026 on the file of the 2nd respondent Police and entrust the same to any other officer not below the rank of Deputy Superintendent of Police for investigation for fair and free investigation and file a final report before the concerned jurisdictional Magistrate Court within the time fixed by this Court. For Petitioner : Mr.V.Selvakumar For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.) 1/4

ORDER

This petition has been filed seeking for a direction to the 1st respondent to to withdraw the investigation in Crime No. 59 of 2026 on the file of the 2nd respondent police and entrust the same to any other officer not below the rank of Deputy Superintendent of Police for investigation for fair and free investigation and file a final report before the concerned jurisdictional Magistrate Court within the time fixed by this Court.

2. The learned counsel for the petitioner submitted that the petitioner lodged a complaint before the respondent police with regard to theft of 25 grams of gold jewellery. However, no proper action has been taken and hence, this petition came to be filed.

3. The learned Government Advocate appearing for the respondent police submitted that jewelleries were missing only inside the house and there was no CCTV camera and till date, seven witnesses have already been examined.

4. Heard the learned counsel on either side and carefully perused the materials before this Court.

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5. Though the learned Government Advocate appearing for the respondent police submitted that as many as seven witnesses have been examined, albeit the investigation is not concluded sofar. In view of the same, the second respondent police is directed to conclude the investigation in Crime No. 59 of 2026, after issuing summons to the parties concerned, under Section 64 of the BNSS, within a period of three weeks thereafter. The first respondent is directed to monitor the investigation being conducted by the second respondent. Further, the second respondent is also directed to apprise the progress of the investigation to the first respondent on every Friday.

6. This writ petition is disposed with the above directions. Post the matter for reporting compliance on 03.06.2026. 06.04.2026 NCC : Yes / No Index : Yes / No sm TO:-

1. The Superintendent of Police, Office of the Superintendent of Police, Palayamkottai, Tirunelveli (District).

2. The Inspector of Police, Devarkulam Police Station, Devarkulam, Tirunelveli (District).

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L.VICTORIA GOWRI, J.

Sm

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

Order made in Dated 06.04.2026 4/4