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Madras High CourtCRL OP(MD)/18147/2024closed

Natrayan 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 Natrayan ... Petitioner Vs.

1. The State of tamilnadu Rep. by The Superintendent of Police, Madurai, Madurai District.

2. The Inspector of Police, Alanganallur Police Station, Madurai District.

(Crime No.439 of 2021) ... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023 to direct the 1st respondent to take necessary steps to withdraw the petitioner's complaint in FIR in Crime No. 439 of 2021 dated 08.10.2021 from the 2nd respondent and transfer the same to any other investigation agency for further progress in accordance with law and file final report within stipulated time as prescribed by this Court.

For Petitioner : Mr.S.Saravana Kumar For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.) 1/4

ORDER

The petitioner seeks for a direction to the 1st respondent to take necessary steps to withdraw the petitioner's complaint in FIR in Crime No. 439 of 2021 dated 08.10.2021 from the 2nd respondent and transfer the same to any other investigation agency for further progress in accordance with law and file final report within stipulated time as prescribed by this Court.

2. The learned counsel appearing for the petitioner submitted that the petitioner is the defacto complainant with respect to an accident suffered by the father of the petitioner, who had died on 07.10.2021. Pursuant to the complaint given by the petitioner, an FIR came to be registered in Crime No.439 of 2021 for the offences punishable under Sections 279 & 304 (A) of IPC. However, there is no progress in that investigation. Hence, this petition came to be filed.

3. The learned Government Advocate, on instructions, would submit that the investigation has been completed and a final report has also been filed before the Judicial Magistrate, Vadipatti, through online in E-Filing No.LTN20220001570C002022100037 on 31.01.2026. However, it has not been taken on file.

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4. In view of the same, 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. The learned Judicial Magistrate is directed to take the charge sheet on file immediately. 02.02.2026 NCC : Yes / No Index : Yes / No Sm TO:-

1. The State of tamilnadu Rep. by The Superintendent of Police, Madurai, Madurai District.

2. The Inspector of Police, Alanganallur Police Station, Madurai District.

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

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L.VICTORIA GOWRI, J.

Sm Order made in Dated 02.02.2026 4/4