Thangavelu v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Thangavelu ... Petitioner Vs.

1.The State of Tamilnadu, Rep by the Commissioner of Police, Trichy City.

2.The State of Tamilnadu, Rep by the Inspector of Police, Central Crime Branch, Trichy.

3.Kunasekaran 4.Adhars Credit Co-Operative Society Ltd, Rep by its Manager, No.C-86, Sterling Biz Park, Fort Station Road, Thillainagar, Trichirappalli - 18.

... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the respondent Nos.1 and 2 to implement the order in Crl.M.P.No.10726 of 2021, dated 11.11.2021 on the file of the learned Judicial Magistrate No.1, Tiruchirappalli by registering the FIR in 1/5

accordance with law based on the representation submitted by the petitioner, dated 09.07.2022.

For Petitioner : Mr.P.Krishnasamy For R1 and R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition is filed to direct the respondent Nos.1 and 2 to implement the order in Crl.M.P.No.10726 of 2021, dated 11.11.2021 on the file of the learned Judicial Magistrate No.1, Tiruchirappalli by registering the FIR based on the representation submitted by the petitioner, dated 09.07.2022.

2. The learned Judicial Magistrate No.1, Tiruchirappalli in Crl.M.P.No.10726 of 2021, vide order dated 11.11.2021, had already directed the second respondent Police to register a FIR as against the accused person.

2/5

3. The learned Government Advocate, on instructions, submitted that already enquiry was conducted by the second respondent Police and closure report has already been filed on 21.10.2024 before the concerned trial Court.

4. In view of the aforesaid submission, this Court is of the considered view that when the learned trial Court had directed the second respondent Police to register an FIR, the proper procedure, which ought to have followed, is registering the first information report and pursuant to the same, thereafter, conduct the investigation.

5. In view of the same, the closure report filed by the second respondent Police on 21.10.2024 before the trial Court is hereby set aside. Further, the second respondent is directed to register First Information report forthwith by complying the order passed by the learned Judicial Magistrate No.1, Tiruchirappalli in Crl.M.P.No.10726 of 2021, vide order dated 11.11.2021 and proceed with the investigation in accordance with law.

3/5

6. With the above directions, this Criminal Original Petition is allowed.

02.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu To 1.The Commissioner of Police, Trichy City.

2.The Inspector of Police, Central Crime Branch, Trichy.

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

4/5

L.VICTORIA GOWRI, J.

Indu 02.01.2026 5/5