Madras High CourtCRL OP(MD)/9986/2026disposed of

Alwin Isaya v. The State Of Tamilnadu

2026-06-03Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2026

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD)No.9986 of 2026 Alwin Isaya

...Petitioner

1. The Superintendent of Police, Office of the Superintendent of Police office, Nagercoil, Kanyakumari District.

2. The Inspector of Police, Karungal Police Station, Kanniyakumari District.

(Crime No.287 of 2025) ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of B.N.S.S, seeking a relief sought for direction, directing the first respondent to withdraw the case in Crime No.287 of 2025 dated 21.07.2025 on the file of the second respondent and entrust the same to any other competent authority for investigation and to file the final report before the Jurisdictional Magistrate within the time frame as fixed by this Court. For Petitioner : Mr.Aboobacker Siddik M For Respondents : Mr.B.Arun Counsel for State of TN(Crl.Side) 1/4

ORDER

The present petition has been filed by the defacto complainant in Crime No.287 of 2025 on the file of the second respondent police seeking to transfer the investigation from the file of the second respondent to any other agency and to file a final report.

2. According to the learned counsel appearing for the petitioner, the second accused is a police official and therefore, no proper investigation is being conducted by the respondents.

3. The learned counsel for State of TN (Crl.Side) appearing for the second respondent submitted that the accused persons have lodged a counter complaint and FIR has been registered. According to him, both the case and counter case are under investigation and they would file a final report within a period of one month.

4. In view of the fact that one of the accused person is a police official, the first respondent is directed to conduct an investigation and after getting 2/4

prior permission, final report shall be filed before the concerned jurisdictional Court on or before 31.07.2026.

5. With the above said observation, this Criminal Original Petition is disposed of.

03.06.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To 1.The Superintendent of Police, Office of the Superintendent of Police office, Nagercoil, Kanyakumari District.

2. The Inspector of Police, Karungal Police Station, Kanniyakumari District.

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

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R.VIJAYAKUMAR,J.

ebsi Crl.O.P(MD)No.9986 of 2026 03.06.2026 4/4