BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 12.12.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

Kaveri ... Petitioner/Defacto complainant

Vs.

1.The State of Tamil Nadu, Rep.by Inspector of Police,

Thenkarai Police Station,

Periyakulam

Theni District.

(FIR No.335/2025) ... Respondent/Complainant

2.Pandiammal

3.Jeyaraman ... Respondents/A-1 & A-2

Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the 1^st respondent to file a final report before the

concerned Court in Crime No.335 of 2025 dated 10.07.2025.

For Petitioner : Mr.N.Balasubramanian For R1 : Mr.B.Thanga Aravindh

Government Advocate (Crl. side)

ORDER

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.

2. 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.

3. Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to direct the 1^st respondent to file a final report before the concerned Court in Crime No.335 of 2025 dated 10.07.2025.

Submissions:

4. The learned counsel for the petitioner submits that though the FIR was registered on 10.07.2025, no final report has been filed till date. Such delay is contrary to the statutory mandate under Section 193 BNSS, which prescribes time-bound investigation. It is therefore prayed that necessary directions be issued.

5. The learned Government Advocate (Crl.Side) Mr.M.Sakti Kumar, submitted that the investigation is in progress and the investigating officer shall abide by any timeline fixed by this Court.

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

Analysis:

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

(i) Section 193(1) BNSS mandates that every investigation under this Sanhita shall be completed without unnecessary delay. (ii) Section 193(2) BNSS mandates that 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. (iii) Section 193(3) BNSS, mandates that 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.

8. 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.

9. The Petitioner was fraudulently induced by the 2^nd respondent to part with a sum of Rs.6,00,000/- on the false representation that the same would be invested in a Women Self-Help Group and repaid with interest. The 2^nd respondent failed to repay the amount and subsequent enquiry revealed that no funds were disbursed to any such group members. Based on the Petitioner’s complaint, an FIR was registered in Crime No.335 of 2025 under Section 316(2), 318(4) of BNS on 10.07.2025. The investigation has not culminated in a final report even after the la