Kamatchi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Kamathchi ... Petitioner/Defacto Complainant Vs.

1.The State of Tamil Nadu, Rep.by The Superintendent of Police, O/o. the Superintendent of Police, Pudukkottai District.

2.The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Pudukkottai District.

3.The Inspector of Police, Gandharvakottai Police Station, Pudukkottai District.

(Crime No.13/2025) ... Respondents/Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the 1st respondent to withdrawn the crime No.13 of 2025 from the file of 3rd respondent and transfer the same to any other competent police officer, more particularly the 2nd respondent and 1/4

consequently direct the 1st respondent to monitor the investigation and file final report.

For Petitioner : Mr.RMS.Sethuraman for M/s.KBS Law Office For Respondents : Mr.M.Sakthi Kumar Government Advocate(Crl.Side)

ORDER

This criminal original petition is filed to direct the 1st respondent to withdraw Crime No.13 of 2025 from the file of 3rd respondent and transfer the same to any other competent police officer, more particularly the 2nd respondent and consequently direct the 1st respondent to monitor the investigation and file final report.

2. When the matter is taken up for hearing, the learned Government Advocate, on instructions, would submit that after completion of investigation, the final report has been filed as 'mistake of fact' before the learned Judicial Magistrate, Gandharvakottai and RCS notice has also been served on the petitioner on 02.02.2026. 2/4

3. In view of the above, this Criminal Original Petition is closed with liberty to the petitioner to challenge the final report, by filing a protest petition in accordance with law. On receipt of the same, the learned Trial Court is directed to dispose of the same within a period of three(3) months from the date of filing of the petition. 04.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Superintendent of Police, O/o. the Superintendent of Police, Pudukkottai District.

2.The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Pudukkottai District.

3.The Inspector of Police, Gandharvakottai Police Station, Pudukkottai District.

4.The Judicial Magistrate, Gandharvakottai.

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L.VICTORIA GOWRI, J.

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

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