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Madras High CourtCRL OP(MD)/12311/2024closed

Jino Shajin v. The Superintendent Of Police

2026-02-02Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Jino Shajin ... Petitioner Vs.

1. The Superintendent of Police, Nagercoil, Kanyakumari District.

2. The Deputy Superintendent Of Police, Colachal Circle, Kanyakumari District.

3. The Inspector of Police, Kollencode Police Station, Kanyakumari District.

Crime No.26 of 2024.

... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023 to withdraw the investigation pertaining to the case in Crime no.26 of 2024 dated 15.02.2024 on the file of the 3rd Respondent and hand over to any other Investigation Agency within the stipulated time as fixed by this Court. 1/4

For Petitioner : Mr.B.Sargunam For Respondents : Mr.M.Sakthikumar Government Advocate (Crl.)

ORDER

The petitioner seeks to withdraw the investigation pertaining to the case in Crime no.26 of 2024 dated 15.02.2024 on the file of the 3rd respondent and hand over to any other Investigation Agency within the stipulated time as fixed by this Court.

2. The learned counsel appearing for the petitioner submitted that at the instance of the petitioner, who is the defacto complainant, an FIR in Crime No. 26 of 2024 was registered for the offence under Section 174 of Cr.P.C., with respect to the suspicious death of the petitioner's father. However, the case has been closed as mistake of fact by the third respondent police, as the case of suicide in a premature manner. Hence, this petition came to be filed.

3. The learned Government Advocate, on instructions, submitted that upon completion of the investigation, a closure report had been filed as "mistake of fact", recording which, the trial Court had also closed the same. 2/4

4. Recording the above, this Criminal Original Petition is closed with liberty to the petitioner to challenge the closure report, by filing a protest petition in accordance with law.

02.02.2026 NCC : Yes / No Index : Yes / No Sm TO:-

1. The Superintendent of Police, Nagercoil, Kanyakumari District.

2. The Deputy Superintendent Of Police, Colachal Circle, Kanyakumari District.

3. The Inspector of Police, Kollencode Police Station, Kanyakumari District.

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

3/4

L.VICTORIA GOWRI, J.

Sm Order made in Dated 02.02.2026 4/4