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Madras High CourtCRL OP(MD)/22520/2024closed

S.Ashok Kumar v. The State Of Tamilnadu

2026-02-03Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Ashok Kumar ... Petitioner/Defacto Complainant Vs.

1.The State of Tamilnadu rep by, The Superintendent of Police, Theni, Theni District.

2.The State of Tamil Nadu rep by, The Inspector of Police, Jeyamangalam Police Station, Theni, Theni District.

(Crime No.184 of 2024) ... Respondents/Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023, to issue a direction to the 1st respondent to withdraw the case in Crime No.184 of 2024 on the file of the 2nd respondent and transfer the same to the officer who is not below the Rank of Inspector of another investigation agency and direct him to investigate the same.

For Petitioner : Mr.A.Mohamed Ashfalk For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) 1/4

ORDER

This criminal original petition has been filed to issue a direction to the 1st respondent to withdraw the case in Crime No.184 of 2024 on the file of the 2nd respondent and transfer the same to the officer, who is not below the Rank of Inspector of another investigation agency and direct him to investigate the same.

2. The learned Government Advocate (Crl.Side), on instructions, would submit that the investigation has been completed and a final report has also been filed before the learned Judicial Magistrate, Periyakulam, through online in CTN2022000 C 202600035 on 03.02.2026. However, it has not been taken on file.

3. In view of the above, the learned Judicial Magistrate, Periyakulam, is also directed to take the case on file forthwith. 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, if so advised.

03.02.2026 NCC : Yes / No Index : Yes / No dss 2/4

To:- 1.The Superintendent of Police, Theni, Theni District.

2.The Inspector of Police, Jeyamangalam Police Station, Theni, Theni District.

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

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L.VICTORIA GOWRI, J.

dss Order made in Dated 03.02.2026 4/4