M.Gopalakrishnan vs The Deputy Inspector General Of Police on 25 March, 2026

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    Madras High Court

    M.Gopalakrishnan vs The Deputy Inspector General Of Police on 25 March, 2026

    Author: R.Vijayakumar

    Bench: R.Vijayakumar

                                                                                               Crl.OP(MD).No.548 of 2026
    
    
    
                                 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
    
                                           ORDER RESERVED ON                           : 16.03.2026
    
                                           ORDER PRONOUNCED ON : 25.03.2026
                                                     CORAM
    
                                      THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR
    
                                                Crl.OP(MD).No. 548 of 2026
                                                          and
                                                Crl.MP(MD).No.585 of 2026
    
    
    
                         M.Gopalakrishnan                                                             ....Petitioner
    
                                                                     Vs
    
                         1.The Deputy Inspector General of Police
                         CBCID Department
                         No.220, Crime Investigation Department
                         Pantheon Road, Egmore
                         Chennai, Tamil Nadu 600 008
    
                         2.The Superintendent of Police
                         CBCID Madurai
                         Madurai District
    
                         3.Lakshmanan                                                         ....Respondents
    
                         (R3 is suo motu impleaded
                         vide Court order dated 12.01.2026)
    
                         Prayer:The Criminal Original Petition filed under Section 528 of Bharathiya
                         Nagarik Suraksha Sanhita, 2023 to issue direction directing the trial
                         proceedings in Spl.S.C.No.25 of 2021 on the file of the III Additional District
                         Judge PCR Act Cases, Madurai to be kept in abeyance until the respondent
    
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                                                                                                 Crl.OP(MD).No.548 of 2026
    
    
                         No.3 files FIR and charge sheet as per the order made in Crl.OP(MD).Nos.
                         10189, 10201, 10249, 10882 & 11577 of 2025 dated 28.11.2025.
    
    
                                      For Petitioner               : Mr.G.Karuppasamy Pandian
                                                                   For Mr.K.Dinesh
    
                                      For Respondents              : Mr.R.Meenakshi Sundaram
                                                                   Additional Public Prosecutor for R1 & R2
    
                                                                   :Mr.P.Gunasekaran for R3
    
    
                                                                   ORDER
    

    The present petition has been filed seeking to issue a direction to the

    trial Court in Spl.S.C.No.25 of 2021 on the file of the III Additional District

    SPONSORED

    Judge (PCR Act) Cases, Madurai to keep the trial in abeyance until the third

    respondent files F.I.R and charge sheet as per order of this Court in

    Crl.OP(MD).Nos.10189, 10201, 10249, 10882 and 11577 of 2025 dated

    28.11.2025.

    (A).Facts leading to the filing of the present petition are as follows:

    2.A criminal case was registered as against the petitioner in Crime No.

    39 of 2020 on the file of the Melavalavu Police Station, Madurai District on

    24.02.2020 wherein the petitioner was arrayed as accused No.1 along with

    four other named accused persons. The said F.I.R was registered on the

    complaint given by the third respondent namely Lakshmanan. The said F.I.R

    was registered for the offences under Section 147, 148, 447, 341, 294(b), 323,

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    324, 307 and 379 of I.P.C read with Section 3(2)(VA) of SC/ST (POA) Act,

    2015.

    3.A perusal of the above said F.I.R reveals that the petitioner and others

    are said to have attacked the defacto complainant at about 17.30 hours on

    24.02.2020 with regard to a land dispute. One Suresh had sustained serious

    injuries in the said alleged incident. The F.I.R was registered at about 21.15

    hours by recording the statement of the third respondent herein in the

    hospital. The said F.I.R after investigation has culminated in filing of the

    charge sheet in Spl.S.C.No.25 of 2021 and pending trial on the file of the III

    Additional District Court (PCR Act) cases, madurai.

    4.On the same date of occurrence at about 5.30 p.m, the present

    petitioner herein ( arrayed as A1 in Crime No.39 of 2020) had alleged that the

    father of the defacto complainant in Crime No.39 of 2020 and 12 others

    including one Suresh had trespassed into his property and destroyed the

    papayas trees and saplings. The petitioner herein had lodged a complaint

    before the Inspector of Police, Melavalavu Police Station on 26.02.2020 for

    which CSR receipt was issued in CSR.No.103 of 2020. However, CSR was

    later closed by the police officials on the ground that the parties could not be

    contacted and CSR remained pending beyond six months. Later the petitioner

    herein had filed Crl.M.P.No.4339 of 2023 before the Judicial Magistrate,

    Melur under Section 156(3) Cr.P.C seeking a direction as against the police

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    for registration of F.I.R. An order came to be passed by the Judicial

    Magistrate on 12.07.2024 to conduct an enquiry and register an F.I.R, if any

    cognizable offence is made out. The concerned police conducted an enquiry

    and filed a closure report.

    5.The petitioner herein had filed Crl.M.P.No.4054 of 2024 as a protest

    petition. Since there was no progress in the protest petition, the petitioner had

    prepared Crl.O.P(MD).No.11577 of 2025 seeking a direction to expedite the

    disposal of the complaint. This Court by an order dated 28.11.2025 had

    transferred the investigation to CBCID for fresh complaint and closed

    Crl.M.P.No.4054 of 2024 which was pending on the file of the Judicial

    Magistrate, Melur. Thereafter, the investigation got transferred to CBCID

    Madurai Rural and an F.I.R came to be registered in Crime No.1 of 2026 on

    19.01.2026 as against the third respondent’s father Kusalavan and 12 others

    for the alleged offences under Sections 147, 148, 341, 427, 294(b), 323, 324

    and 506(ii) I.P.C. Investigation is still pending.

    6. In the meantime, one of the prime witnesses in Crime No.39 of 2020

    namely Suresh was murdered and an F.I.R came to be registered in Crime No.

    202 of 2022 on 18.12.2022. In the said F.I.R, the petitioner herein is also one

    of the accused person. Citing the alleged involvement of the petitioner in the

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    murder of prime witness in Crime No.39 of 2020, the bail granted in favour

    of the petitioner in Crime No.39 of 2020 was cancelled by the trial Court on

    17.02.2025. Challenging the same, the petitioner herein along with other

    co-accused had challenged the cancellation of the bail by way of Crl.A.

    (MD).Nos.359, 346, 360 and 326 of 2025 before this Court. By way of an

    order dated 09.04.2025, this Court had set aside the cancellation of the bail

    order of the trial Court and restored the bail. A further direction was issued to

    tag Spl.S.C.No.25 of 2021and Crime No.202 of 2022 (PCR.No.17 of 2023) to

    be tried together by the Principal District Judge, Madurai and the concerned

    Trial Judge was directed to take a call and order for joint trial of both cases.

    This order was put to challenge before the Hon’ble Supreme Court in SLP.

    (Crl).Nos. 6647–6650 of 2025. The Hon’ble Supreme Court was pleased to

    set aside the order of joint trial and proceeded to restore the order of the trial

    Court cancelling the bail of the petitioner and others. There was a further

    direction to the trial Court to conduct trial independently, purely on merits

    and in accordance with law.

    7.Thereafter, the trial started in Spl.S.C.No.25 of 2021 before the III

    Additional District Court (PCR Act) Cases, Madurai. PW1 was chief

    examined on 03.10.2024 and he was cross examined on 17.02.2025,

    04.03.2025 and 24.03.2025. Thereafter, PW2 to PW8 were chief examined

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    and cross examined between 14.10.2024 to 26.11.2025. PW9 and PW10 were

    chief examined on 15.11.2024 but they were not cross examined. PW11 to

    PW14 were chief examined between 27.11.2024 and 26.12.2024. While the

    case was posted for cross examination of PW1 to PW14, the present petition

    has been filed on 05.01.2026 seeking a direction to keep the trial in

    Spl.S.C.No.25 of 2021 in abeyance till a charge sheet is lad in Crime No.1 of

    2026 pending on the file of CBCID, Madurai Rural.

    (B).Submissions of the counsels appearing on either side are as
    follows:

    8.According to the learned counsel appearing for the petitioner, it is a

    case and counter case. The complaint in Crime No.39 of 2020 alleges that an

    incident is said to have taken place at about 5.30 p.m on 24.02.2020. At the

    same time, another occurrence is said to have happened as per allegation in

    Crime No.1 of 2026 on the file of the CBCID Madurai Rural. The version

    found in both the complaint cannot be true in view of the fact that if one of

    the version is true, the others would become automatically falsified.

    Therefore, both the F.I.R emanate out of a single transaction. Though an F.I.R

    was registered immediately as against the petitioner, the complaint lodged by

    the petitioner was closed and even after a direction was issued by the Judicial

    Magistrate, only a closure report was filed by the police authorities.

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    Therefore, the petitioner was constrained to approach this Court for transfer

    of investigation. Only thereafter, an F.I.R came to be registered as against the

    third respondent herein and others for the incident that had happened at about

    5.30 p.m on 24.02.2020 wherein the petitioner and others were attacked by

    the third respondent and others.

    9. The learned counsel had further submitted that when the F.I.R was

    registered on the complaint of the petitioner much belatedly that should not

    take away the right of the petitioner for having a simultaneous trial along

    with Spl.S.C.No.25 of 2021. He had relied upon a Full Bench judgment of

    this Court reported in 2024 SCC Online Mad 10644 : (2024) 5 CTC 1 (FB)

    (T.Balaji and another Vs. State Rep.by the Inspector of Police, New

    Washermenpet Police Station) wherein Paragraph No.68(B)(iii) and

    contended that where a final report is filed in one and a closure report in

    another case, the trial Court has to wait for the decision in the protest petition.

    The learned counsel had also relied upon Paragraph No.69 (d) and contended

    that the trial of case and counter case shall be held simultaneous before the

    same Court as per guidelines set out in Paragraph No.68(B) of the said

    judgment.

    10.The learned counsel appearing for the petitioner had further

    submitted that as per Tamil Nadu Police Standing Order (PSO) 566, the

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    authorities have to conduct an investigation with regard to a case and a

    counter case and considering the rival version of the same incident. Any

    failure to adhere to PSO 566, would vitiate the prosecution. He also relied

    upon a decision of the Hon’ble Supreme Court reported in (2001) 2 SCC 688

    (Sudhir and others etc., Vs.State of M.P.ETC) wherein the Hon’ble Supreme

    Court has held that the cases arising out of a case and counter case in one

    incident should be tried by the same Judge for consistency and the judgment

    must be pronounced by the same Judge one after other. Hence, he prayed for

    allowing the petition.

    11.Per contra, the learned Public Prosecutor appearing for the

    respondents submitted that the trial in Spl.S.C.No.25 of 2021 is in an

    advanced stage. Therefore, in such circumstances, the request of the

    petitioner cannot be entertained even as per decision of the Hon’ble Full

    Bench cited by the petitioner. He had further submitted that the Hon’ble Apex

    Court in SLP.(Crl).Nos.6647 – 6650of 2025 dated 19.12.2025 had

    categorically held that the incident is distinct one and the trial Court shall

    conduct a trial independently, purely on merits and in accordance with law.

    Only after the orders of the Hon’ble Supreme Court, the petitioner has

    approached this Court to stall the trial in Spl.S.C.No.25 of 2021.

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    12.The learned Additional Public Prosecutor had further submitted that

    as per direction of this Court in Crl.OP(MD).No.11577 of 2025, the case files

    in recordings of CSR.No.103 of 2020 have been handed over to CBCID and

    they have already registered an F.I.R in Crime No.1 of 2026. No direction

    was issued in Crl.OP(MD).No.11577 of 2025 to stall or stay the trial in

    Spl.S.C.No.25 of 2021 till a charge sheet is laid by CBCID. Hence, he prayed

    for dismissal of the petition.

    13.The learned counsel appearing for the defacto complainant had

    relied upon the Full Bench decision cited supra and contended that the

    petitioner and other accused persons have participated in the trial in

    Spl.S.C.No.25 of 2021 and it is in advanced stage and therefore, in such

    circumstances, the question of keeping the trial in abeyance would not arise.

    He further submitted that the provisions of 528 BNSS, 2023 (482 Cr.P.C)

    cannot be invoked except in cases where there is a possibility of abuse of

    process or in order to meet the ends of justice. In the present case, the

    petitioner had made several attempts to stall the trial in Spl.S.C.No.25 of

    2021. Both the occurrences have taken place in two different places and

    therefore, this cannot be considered to be a case and counter case attracting

    PSO 566 or the decision of the Hon’ble Full Bench. Hence, he prayed for

    dismissal of the petition.

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    14.I have considered the submissions made on either side and perused

    the material records.

    (C).Discussion:

    15.The primary contention of the learned counsel appearing for the

    petitioner is that since Crime No.39 of 2020 (Spl.S.C.No.25 of 2021) and

    Crime No.1 of 2026 arise out of a case and counter case, the trial in

    Spl.S.C.No.25 of 2021 shall be kept in abeyance till a charge sheet is laid in

    Crime No.1 of 2026. As per the judgment of the Hon’ble Full Bench, the trial

    has to be conducted simultaneously and it is for the trial Court to appreciate

    the evidence and arrive at a finding as to who is the aggressor and who is the

    defender. Therefore, in such circumstances, if the trial in Spl.S.C.No.25 of

    2021 is proceeded independently, that would cause him great prejudice.

    16.The petitioner herein is A1 in Crime No.39 of 2020 which has

    culminated in filing of the charge sheet in Spl.S.C.No.25 of 2021. The charge

    sheet came to be laid on 09.11.2020 and the examination of the witnesses

    started only from October 2024. PW1 to PW8 have been chief and cross

    examined on 26.11.2025. PW9 and PW10 have been chief examined on

    15.11.2024, but they were not cross examined. PW 11 to PW14 were chief

    examined on 27.11.2024 and 03.12.2024 and 26.12.2024. At this stage

    without cross examined PW9 to PW14, the petitioner has approached this

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    Court to stall the trial in Spl.S.C.No.25 of 2021.

    17.The petitioner herein has filed Crl.OP(MD).No.7198 of 2020 before

    this Court under Section 482 Cr.P.C to transfer the investigation in CSR No.

    103 of 2020 pending on the file of Melur Police Station to any other police

    office to be investigated simultaneously along with Crime No.39 of 2020.

    When this petition came up for hearing, the police authorities informed the

    Court that CSR.No.103 of 2020 was closed as ‘mistake of fact’. Therefore,

    Crl.OP(MD).No.7198 of 2020 was dismissed as infructuous by this Court on

    06.04.2023. This was the first attempt made by the present petitioner seeking

    transfer of investigation in CSR.No.103 of 2020 for being simultaneously

    investigated along with Crime No.39 of 2020.

    18.The petitioner and other accused persons in Crime No.39 of 2020

    were arrested on 05.08.2020 and later, the accused persons were enlarged on

    bail by the trial Court on 09.09.2020. While the petitioner was on bail, he

    along with others are said to have committed murder of the prime witness in

    Crime No.39 of 2020 (Suresh) on 18.12.2022 which resulted in registration

    of F.I.R in Crime No.202 of 2022. Therefore, the bail was cancelled by the

    High Court in Crl.OP(MD).Nos.10559 and 10561 of 2020 on 31.03.2023.

    The petitioner and others had approached the trial Court seeking bail and the

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    same was rejected by the trial Court. Challenging the same, the petitioner and

    others have preferred Crl.A.(MD).Nos.112, 185, 188 and 189 of 2024 which

    was dismissed by this Court on 06.09.2024. Thereafter, the accused persons

    had again approached the trial Court seeking bail but was rejected on

    17.02.2025 and challenging the same, the petitioner herein and other accused

    persons have filed Crl.A(MD).Nos. 359, 346, 360 and 326 of 2025 before this

    Court and same was allowed on 09.04.2025 restoring the bail of the accused

    persons.

    19.In Paragraph No.34 of the said order, this Court has observed that

    Spl.S.C.No.25 of 2021 shall be tried along with PRC.No.17 of 2023 which

    arose out of Crime No.202 of 2022. This order was put to challenge before

    the Hon’ble Supreme Court in SLP.(Crl).Nos.6647-6650 of 2025. The Hon’ble

    Supreme Court by an order dated 19.12.2025 had reversed the order of this

    Court and cancelled the bail and also directed that the Spl.S.C.No.25 of 2021

    to be tried independently and not along with Crime No.202 of 2022.

    20.The narration of the above said facts would make it clear that the

    Hon’ble Supreme Court has specifically held that the trial in Spl.S.C.No.25 of

    2021 has to be conducted independently, purely on merits and in accordance

    with law and in such circumstances, the request made by the petitioner herein

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    again to stall the trial in Spl.S.C.No.25 of 2021 awaiting the charge sheet in

    Crime No.1 of 2026 on the file of CBCID, Madurai Rural is only an attempt

    to circumvent the orders of the Hon’ble Supreme Court.

    21. The Hon’ble Full Bench in a decision reported in 2024 SCC Online

    Mad 10644 ( T.Balaji & another Vs. State rep.by the Inspector of Police,

    New Washermenpet Police Station, Chennai ) in Paragraph Nos.55, 68 and

    69(b) has held as follows:

    “55.The next question is whether a failure to adhere to PSO
    566, ipso facto, vitiate the prosecution? It is well-settled that any
    defect in the investigation does not automatically vitiate trial
    unless a miscarriage of justice is shown (vide H.N Rishbud v
    State
    , AIR 1955 SC 196). In some cases where a procedural
    defect is shown at the earliest point of time, it would be possible
    for the superior court to remedy the situation by setting aside the
    final reports and issuing directions for proper investigation and
    filing of the final report. However, where the case is at an
    advanced stage a plea of non-compliance of PSO 566 cannot be
    acceded to automatically unless a miscarriage of justice is
    demonstrated. Whether miscarriage of justice has occurred or not
    will depend on facts which must be assessed from case to case,
    and we need say no more on this aspect at this stage except
    observing that the directions contained in paragraph 35, would
    ensure that such cases would be few and far between.

    68. We expect the executive to take note of the aforesaid
    position and effect necessary amendments to the PSO to bring it in

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    consonance with the directions issued above.

    B. For the Courts

    (a) Pre-Cognizance stage:

    i. While entertaining an application under Section 173(4)
    BNSS 2023, the Magistrate shall ensure whether the complainant had
    approached the superior police officers as set out therein.

    ii. If the Magistrate is satisfied that the complainant had
    approached the superior police officer as set out in Section 173(4)
    BNSS 2023, he may proceed to take the application on file and deal
    with the same under Section 175(3) BNSS 2023.

    iii. Where a final report is filed in one case and a closure
    report in the other case, the Magistrate will follow the procedure in
    Bhagwant Singh v. Commr. of Police, (1985) 2 SCC 537 : 1983 LW
    (Cri) 72 (S.N.). Till a decision in the protest petition is arrived, the
    inquiry or the trial in the pending case where the final report has
    been filed shall be kept in abeyance.

    iv. Where two final reports are filed in a case and counter case,
    it is the duty of the Magistrate to scrutinize the final reports carefully.
    If it is found that the final reports put forward inconsistent rival
    versions of the same incident (ie., if one version is true the other must
    necessarily be false), or where it is found that the IO has filed two
    final reports mechanically without properly investigating and finding
    out the true aggressor the Magistrate shall return the final reports
    and direct the IO to come up with a definitive case.

    v. In rare cases, where such filial reports are not screened out
    at the level of the Magistrate, and cognizance has been inadvertently
    taken, such orders may be challenged under Section 528 BNSS 2023

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    in which case the orders of cognizance may be set aside, depending
    upon the stage of the cases, with a consequential direction to follow
    PSO 566.

    (b) Post Cognizance and Trial in a case and case in counter:

    i. If the Magistrate finds that the two final reports are rival
    versions of the same incident, but both parties are found to have
    engaged in acts of aggression etc., he may take cognizance of both
    final reports. In such cases, the Magistrate shall follow the procedure
    prescribed in Ekambaram v. Sundaramurthy and State, 1988 LW (Cri)
    127, which we have extracted in paragraph 56, supra.

    ii. If one case is exclusively triable by a Court of Session and
    the other case is triable by a Magistrate, the Magistrate shall commit
    both the case and counter case to the Court of Session for trial as
    prescribed by Section 362 BNSS 2023
    (Section 323 Cr.P.C.), who shall thereafter proceed in accordance
    with the directions contained in paragraph 56 supra.

    ANSWERS TO THE QUESTIONS REFERRED

    69. In the light of the above discussion, the following are our
    answers to the questions referred to us vide order dated 21.03.2024:

    a……

    b. The consequences of non-compliance with PSO 566 would
    depend upon the stage at which such an objection is raised. It is the
    duty of the Magistrate to screen out final reports which are filed in
    inconsistent rival versions of the same incident ie., where one rival
    version is true the other must be necessarily false, by returning with a
    direction to follow PSO 566. Where the Magistrate inadvertently
    takes cognizance, the error may be set right by the High Court under

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    Section 528 BNSS, 2023 if the same is raised at an early stage. If,
    however, the trial in such cases is allowed to go on and has reached
    an advanced stage, a plea of non-compliance with the PSO will not
    ipso facto vitiate trial unless and until a demonstrable case of
    prejudice or miscarriage is made out.

    22.In case, if the petitioner is of the opinion that Crime No.1 of 2026

    and Crime No.39 of 2020 arise out of a case and a counter case and he was

    fighting before various forum for registration of F.I.R on his complaint, he

    should have taken immediate steps to keep in abeyance the trial in

    Spl.S.C.No.25 of 2021 till F.I.R is registered on his complaint. However, the

    petitioner and others have chosen to participate in the trial and out of 20

    witnesses, already 14 of them have been chief examined. PW1 to PW8 have

    already been cross examined before filing of this petition. In such

    circumstances, it is clear that the present application is filed much belatedly.

    23.As pointed out by the Hon’ble Full Bench, when the trial is in an

    advance stage, a plea of non-compliance with PSO 566 cannot be raised and

    the same cannot be considered to vitiate the trial. The petitioner is not able to

    demonstrate that a prejudice or miscarriage would be made out in case if the

    trial in Spl.S.C.No.25 of 2021 is not in abeyance waiting the charge sheet in

    Crime No.1 of 2026 on the file of the CBCID, Madurai Rural.

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    24.The prayer in the present petition is to keep the trial in Spl.S.C.No.

    25 of 2021 in abeyance till the F.I.R and charge sheet are laid as per order of

    this Court in Crl.OP(MD).Nos.10189, 10201, 10249, 10882 & 11577 of 2025

    dated 28.11.2025. Admittedly, the F.I.R has already been registered as per

    order of this Court dated 28.11.2025 in Crime No.1 of 2026 by CBCID,

    Madurai Rural on 19.01.2026. In such circumstances, the trial in Spl.S.C.No.

    25 of 2021 cannot await for completion of the investigation in Crime No.1 of

    2026 especially when the trial in Spl.S.C.No.25 of 2021 is in the advance

    stage.

    25.In the light of the above said facts, it is clear that this is the third

    attempt to stall the trial in Spl.S.C.No.25 of 2021. When the petitioner has

    participated in the trial and it is in the advance stage, now the petitioner

    cannot complain that he would be put to prejudice, if the trial in Spl.S.C.No.

    25 of 2021 proceeds without waiting for the charge sheet to be laid in Crime

    No.1 of 2026.

    (D).Conclusion:

    26..In view of the above said facts, there are no merits in the petition.

    This Criminal Original Petition stands dismissed. Consequently, connected

    miscellaneous petition is closed.

    
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                         To
    
                         1.The Deputy Inspector General of Police
                         CBCID Department
                         No.220, Crime Investigation Department
                         Pantheon Road, Egmore
                         Chennai, Tamil Nadu 600 008
    
                         2.The Superintendent of Police
                         CBCID Madurai
                         Madurai District
    
    
                         3.The Additional Public Prosecutor
                         Madurai Bench of Madras High Court,
                         Madurai
    
    
    
    
                         18/19
    
    
    https://www.mhc.tn.gov.in/judis            ( Uploaded on: 25/03/2026 02:46:29 pm )
                                                                                  Crl.OP(MD).No.548 of 2026
    
    
    
    
                                                                                R.VIJAYAKUMAR, J.
    
    
                                                                                                      msa
    
    
    
    
                                                                          Crl.OP(MD).No. 548 of 2026
                                                                                                 and
                                                                          Crl.MP(MD).No.585 of 2026
    
    
    
    
                                                                                             25.03.2026
    
    
    
    
                         19/19
    
    
    

    https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/03/2026 02:46:29 pm )



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