Madras High CourtCRL OP(MD)/18112/2024disposed of

V. Liswi v. The State Of Tamilnadu Rep. By

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 V.Liswi ... Petitioner Vs.

1. The State of Tamilnadu Rep. By, The Superintendent of Police O/o. the Superintendent of Police, Dindigul District.

2. The Deputy Superintendent Of Police, Cbcid, Dindigul District, Dindigul.

3. The Inspector of Police, Cbcid, Dindigul District.

4. The Inspector of Police, Oddanchatram Police Station, Dindigul District.

... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023 to direct the 1st respondent to Transfer the Investigation in Crime No. 520 of 2024 from the file of the 4th Respondent to the 3rd Respondent, CBCID or some other fair agency and file the final report before appropriate court. For Petitioners : Mr.S.Krishnan For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.) 1/4

ORDER

The petitioners seek for a direction to the 1st respondent to transfer the investigation in Crime No. 520 of 2024 from the file of the 4th respondent to the 3rd respondent, CBCID or some other fair agency and file the final report before appropriate court.

2. The learned counsel for the petitioner submitted that the petitioner is the victim in the aforesaid case, on whose instance an FIR in Crime No.520 of 2024 came to be registered as against the accused persons under Section 194(2) of BNS, 2023. However, there is no progress in the investigation.

3. The learned Government Advocate, on instructions, submitted that the investigation has been completed and a final report has also been filed before the Judicial Magistrate, Ottanchathiram, through online in E-Filing No.LTN20220001325C202400468 on 03.12.2024. However, it has not been taken on file.

4. At this juncture, the learned counsel for the petitioner submitted that though the learned Government Advocate claims that already a final report is filed, it is unfortunate that the petitioner and the accused party are shown as A 2/4

party and B party, among whom a wordy altercation had happened as if the petitioner along with the senior citizen mother allegedly assaulted the other party. The learned counsel contended that such a depiction has led to the petitioner being implicated in a counter criminal case, thereby diluting the gravamen of the offence actually committed against the petitioner.

5. Considering the facts and circumstances of this case, the learned Judicial Magistrate, Ottanchathiram, is directed to take the case on file forthwith and also directed to expedite the trial in this case on merits and in accordance with law. This Criminal Original Petition is closed, with liberty to the petitioner to challenge the final report, by filing a petition seeking further investigation under Section 173(8) Cr.P.C., / 193 (9) BNSS, 2023, if not satisfied by the manner in which final report is filed. 02.02.2026 NCC : Yes / No Index : Yes / No sm 3/4

L.VICTORIA GOWRI, J.

Sm TO:-

1. The Superintendent of Police O/o. the Superintendent of Police, Dindigul District.

2. The Deputy Superintendent Of Police, Cbcid, Dindigul District, Dindigul.

3. The Inspector of Police, Cbcid, Dindigul District.

4. The Inspector of Police, Oddanchatram Police Station, Dindigul District.

5. The Judicial Magistrate, Ottanchathiram.

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

Order made in Dated 02.02.2026 4/4