Madras High CourtCRL OP(MD)/23830/2025disposed of

Muthuselvi v. The State Of Tamilnadu

2026-01-02Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2026

CORAM

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

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

2.The Deputy Superintendent of Police, Thaliyoothu, Tirunelveli District.

3.State of Tamilnadu, Rep by Inspector of Police, Manur Police Station, Tirunelveli District.

Crime No.1080 of 2025.

4.Mangalasundari 5.Paulraj ... Respondents/Complainants Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the 1st respondent to transfer the case in respect of Crime 1/5

No.1080 of 2025 on the file of Manur Police Station to some other competent police officer and file the final report in including all the accused persons within the time limit as fixed by this Court. For Petitioner : Mr.P.Veerapandi For R1 - R3 : Mr.M.Sakthi Kumar Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition is filed seeking to direct the 1st respondent to transfer the case in respect of Crime No.1080 of 2025 on the file of Manur Police Station to some other competent police officer and file the final report in including all the accused persons within the time limit as fixed by this Court.

2. Considering the relief given by this Court, notice to the private respondents is dispensed with.

3. The case of the prosecution is that on 24.09.2025, the 4th and 5th respondents, along with 12 other accused, unlawfully trespassed into the petitioner's house, asked her to call her husband, threatened him 2/5

regarding construction of the house and forcibly took away the original agreement. Consequently, the petitioner lodged a complaint before the 3rd respondent, who issued a CSR in C.S.R.No.1396 of 2025 dated 25.09.2025. The 3rd respondent registered F.I.R against the 4th ,5th respondents and 12 others in Crime No.1080 of 2025 for the offenses under Sections 189(2), 329(4), 296(b), 131, 351(3) of BNS, 2023 and Section 4 of TNPHW Act.

4. The learned counsel for the petitioner anticipates that the respondent police is taking steps to close the case as 'mistake of fact' despite availability of CCTV footage as to the alleged offenses.

5. In view of the same, directing the 1st respondent to monitor the investigation conducted by the 3rd respondent, this criminal original petition is disposed of. This Court further directs the 3rd respondent to apprise the 1st respondent of the progress of the investigation every Friday. The 3rd respondent is directed to consider the available CCTV footage for arriving at fair conclusion in the investigation. 3/5

6. With the above directions, this Criminal Original Petition stands disposed of.

02.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Superintendent of Police, O/o the Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, Thaliyoothu, Tirunelveli District.

3.The Inspector of Police, Manur Police Station, Tirunelveli District.

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

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L.VICTORIA GOWRI, J.

gbg 02.01.2026 5/5