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Madras High CourtCRL OP(MD)/10204/2026disposed of

M.Kokila v. The State Of Tamilnadu

2026-06-23Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2026

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD)No.10204 of 2026 M.Kokila

...Petitioner/Defacto

Complainant Vs

1. State of Tamil Nadu, Represented by its The Superintendent of Police, Dindigul District.

2. State of Tamil Nadu, Represented by The Inspector of Police, Dindigul Taluk Police Station, Dindigul.

3. State of Tamil Nadu, Represented by Sub Inspector of Police, Dindigul Taluk Police Station, Dindigul.

4. Mayilsamy

5. Mano Prabakaran

6. A.Kannaiyan

7. Santhi ... Respondents 1/6

PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records pertaining to the impugned final report in FR-1514/2022, dated 06.05.2022 filed by the third respondent police before the learned Judicial Magistrate-1, Dindigul West, Dindigul and set aside the same and consequently direct the respondents 1 to 3 to conduct fair and impartial investigation in Crime No.250 of 2022, dated 05.05.2022 and file the final report afresh within a time limit as stipulated by this Court. For Petitioner : Mr.I.Romeo Roy Alfred For R1 to R3 : Mr.P.Samuel Gunasingh Government Advocate (Crl.Side)

ORDER

The present petition has been filed by the defacto complainant in Crime No.250 of 2022, on the file of the second respondent police seeking to set aside the final report dated 06.05.2022.

2. A perusal of the records reveal that the FIR has been registered on 05.05.2022 as against the private respondents herein for the alleged offences under Sections 294(b), 324 and 506(2) of IPC, Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, r/w. Section 4 of Tamil Nadu Public Property (Prevention of Damage & Loss) Act, 1992. After conducting 2/6

investigation, the final report has been presented to the learned Judicial Magistrate No.1, Dindigul West, Dindigul, on the next day ie., on 06.05.2022. This report is under challenge in the present petition.

3. According to the learned counsel appearing for the petitioner, only after this Court had given a positive direction to register an FIR, the respondent police have registered the FIR on 05.05.2022. Immediately, on the next day they are said to have filed this RCS report. According to them, none of the witnesses were examined and therefore, the closure report shoud not be accepted. He further submitted that no proper investigation has been conducted and in such circumstances the report shall be set aside and a direction be issued to conduct a further investigation in the matter.

4. The learned Government Advocate (Crl.Side) appearing for the second respondent submitted that though the final report was filed on 06.05.2022 it was returned and they will rectify the same and represent it before the concerned trial Court.

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5. Heard the learned counsel appearing for the petitioner and perused the materials avaialable on record.

6. The primary grievance of the petitioner is that the enquiry has not been conducted in a proper manner and the closure report has been filed in order to support of the case of the private respondents herein.

7. This Court is of the considered opinion that once closure report has been filed before the concerned Court, it is for the petitioner to approach the said Court by filing protest petition, as and when, she receive the notice from the concerned Court.

8. In view of the above said facts, this Court directs the second respondent herein to represent the charge sheet within a period of two weeks from the date of receipt of a copy of this order and to see that it is taken on file.

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

23.06.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The Judicial Magistrate-1, Dindigul West, Dindigul

2. The Superintendent of Police, Dindigul District.

3. The Inspector of Police, Dindigul Taluk Police Station, Dindigul.

4.The Sub Inspector of Police, Dindigul Taluk Police Station, Dindigul.

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

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R.VIJAYAKUMAR,J.

ebsi Crl.O.P(MD)No.10204 of 2026 23.06.2026 6/6