BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2025 CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl. O.P(MD) No. 21588 of 2025 Mangai ... Petitioner's Vs.

1.The State of Tamil Nadu rep. by the Superintendent of Police, Pudukkottai.

2.The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai Cr.No.24 of 2024 ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to direct the respondent No.1, to take appropriate action in Crime No.24 of 2024 dated 24.01.2024 registered by the second respondent and file a final report within time frame.

For petitioner :Mr. R.Yeswanth For Respondent :Mr.M.Sakthi Kumar, Government Advocate (Crl.Side)

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O R D E R

Preface:

The advent of the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Sakshya Adhiniyam, 2023 marks a constitutional transformation in India's criminal jurisprudence. For the first time since Independence, the criminal process has been consciously re-engineered to be victim-centric, citizen- responsive and justice-oriented, in contrast to the colonial enactments which were historically designed to subserve the interests of an imperial administration and to control its subjects.

The new Codes emphasise timeliness, transparency, accountability, and proportionality, recognising delay as a denial of justice. In particular, the BNSS, 2023, by codifying strict timelines for investigation in Section 193, ensures that the investigating agency cannot indefinitely keep the sword of uncertainty hanging over the head of an accused or allow victims to languish without closure. It is in this mandate of constitutional justice that the present petition deserves to be examined.

Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to direct the first respondent to take appropriate action in Crime No.24 of 2024 dated 24.01.2024 registered by the second respondent and file a final report within time frame.

2. Submissions:

The learned counsel for the petitioner submitted that on 13.01.2024, when the petitioner and her two children travelled in bus with two bags, the petitioner had kept 35 sovereigns of gold jewels. At about 12.40 p.m., four ladies and one man boarded the bus. Due to humanitarianism, the petitioner allowed one of the ladies to sit in her seat. Thereafter, the passengers pushed the petitioner, due to which the petitioner could not save her bags. Thereafter, after reaching home, the petitioner found that 35 sovereigns of gold jewels, which were kept in the bag, were stolen. Hence, the petitioner gave a complaint in Crime No.24/2024 of

24.01.2024. However, no action was taken. Hence the case.

The learned Government Advocate (Crl.Side) Mr.M. Sakti Kumar, submitted that the investigation is in process and however, the accused are not yet intercepted and also the stolen articles were not recovered and the investigating officer shall abide by any timeline fixed by this Court.

3. Statutory Mandate under Section 193 BNSS, 2023:

The BNSS has introduced a strict regime of time-bound investigation, which reads:

Section 193(1) BNSS Every investigation under this Sanhita shall be completed without unnecessary delay.

Section 193(2) BNSS In relation to offences punishable with imprisonment of seven years or more, the investigation shall ordinarily be completed within ninety days;

and in all other offences, within sixty days.

Section 193(3) BNSS If the investigation is not completed within the period prescribed, the investigating officer shall record the reasons in writing and intimate the Magistrate of such delay.

The statute therefore creates (i) a positive duty to complete investigation promptly; (ii) outer time limits; and (iii) a compulsory accountability mechanism for delay. These provisions are mandatory in nature and bind the investigating agency.

4. Consideration by the Court:

This Court notes that the FIR in the present ca