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Madras High CourtCRL OP(MD)/19399/2024disposed of

Palanivel 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 Palanivel ... Petitioner Vs.

1. The Superintendent of Police, Thanjavur District, Thanjavur

2. The Deputy Superintendent of Police, Pattukottai Circle, Thanjavur District, Thanjavur.

3. The Sub Inspector of Police , Thiruchitrampalam Police Station, Thanjavur District.

Crime No. 193 of 2024 ... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023 to withdraw the case registered in Crime No. 193 of 2024 from the file of the 3rd respondent and transfer the same to the file of the 2nd respondent with a direction to complete the investigation within the period that may be stipulated. For Petitioner : Mr.R.Ramanujam For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.) 1/4

ORDER

The petitioner seeks for a direction to withdraw the case registered in Crime No. 193 of 2024 registered for the offences under Sections 296(b), 115(2) and 351(2) of BNS, 2023, from the file of the 3rd respondent and transfer the same to the file of the 2nd respondent with a direction to complete the investigation within the period that may be stipulated.

2. When the matter was taken up for hearing, the learned Government Advocate, on instructions, submitted that upon completion of the investigation, the final report had been filed as "mistake of fact" and that the RCS notice was refused to receive by the petitioner, following which the same was affixed on the petitioner's house.

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.

02.02.2026 NCC : Yes / No Index : Yes / No Sm 2/4

TO:-

1. The Superintendent of Police, Thanjavur District, Thanjavur

2. The Deputy Superintendent of Police, Pattukottai Circle, Thanjavur District, Thanjavur.

3. The Sub Inspector of Police , Thiruchitrampalam Police Station, Thanjavur District.

Crime No. 193 of 2024

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