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Madras High CourtCRL OP(MD)/23700/2025allowed

S. Kannappan v. The State Of Tamilnadu Rep.By,

2025-12-19Honourable Mrs Justice L.Victoria Gowri7 pages

L.VICTORIA GOWRI, J.

Today (16.03.2026),the matter is posted under the caption 'for being mentioned' at the instance of the learned Government Advocate(Crl.side). 2.Earlier, when this matter came up for hearing on 19.12.2025, due to shortage of time, the learned Government Advocate(Crl.side) was not able to get instructions. However, it is later brought to his notice that even before taking this case for admission, the case was duly enquired, investigated, and referred charge sheet was also served upon the petitioner on 22/11/2025 itself and closure report was also filed before the learned Judicial Magistrate No.II, Madurai.

3. In view of the said submission, giving liberty to the petitioner to file a protest petition before the concerned Court, the Criminal Original Petition is disposed of.

16.03.2026 pnn

L.VICTORIA GOWRI, J.

pnn 16.03.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD)No.23700 of 2025 S.Kannappan ... Petitioner Vs.

1.The State of Tamil Nadu Rep. by its, The Commissioner of Police, Madurai City, Madurai District.

2.The Assistant Commissioner of Police, Thallakulam Range, Madurai City.

3.The Inspector of Police, D1 Thallakulam (L & O) Police Station, Madurai City.

(Crime No.406 of 2024) 4.The Inspector of Police, CBCID, Madurai District.

... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023, to transfer the investigation of the above said case in Crime No.406 of 2024 from the file

of the third respondent Police to CBCID/4th respondent for further investigation and to file a final report before the Concerned Court within the time stipulated by this Court.

For Petitioner : Mr.J.Vishnu For Respondent : Mr.S.Ravi, Additional Public Prosecutor

ORDER

Seeking to transfer the investigation in Crime No.406 of 2024 from the file of the third respondent Police to CBCID/4th respondent for further investigation and to file a final report before the Concerned Court within the time stipulated by this Court, this petition is filed. 2.The learned counsel appearing for the petitioner submitted that the petitioner is the defacto complainant. He further submitted that the dispute between the neighbours regarding the pathway dispute. However, despite registering the FIR in Crime No.406 of 2024, there is no progress in the investigation. Hence, the present Criminal Original Petition came to be filed.

3.Heard the learned counsels on either side and carefully perused the materials available on record.

4.Considering the submissions of the learned counsel for the petitioner, the 2nd respondent is directed to monitor the investigation conducted by the 3rd respondent from time to time. The 3rd respondent is directed to apprise the progress of the investigation every weekend to the 2nd respondent.

5.With the above directions, this Criminal Original Petition is disposed of.

19.12.2025 NCC : Yes / No Index : Yes / No vsg

TO:- 1.The Commissioner of Police, Madurai City, Madurai District.

2.The Assistant Commissioner of Police, Thallakulam Range, Madurai City.

3.The Inspector of Police, D1 Thallakulam (L & O) Police Station, Madurai City.

(Crime No.406 of 2024) 4.The Inspector of Police, CBCID, Madurai District.

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

L.VICTORIA GOWRI, J.

vsg Order made in Crl.O.P.(MD)No.23700 of 2025 Dated 19.12.2025