BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 10.12.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

Crl.O.P.(MD).No.22161 of 2025

and

Crl.M.P.(MD)No.19095 of 2025

Muthusami ... Petitioner / Sole Accused

Vs.

The State of Tamilnadu,

Rep. by, the Inspector of Police,

Sankarankovil AWPS,

Tenkasi District.

(Cr.No.35 of 2024) ... Respondent / Petitioner

Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records and duly set aside the order in Unnumbered Cr.M.P. in Spl.S.C.No.319 of 2025 dated 15.10.2025 on

the file of the learned Principal District Court, Tenkasi District.

For Petitioner : Mr.V.Kathirvelan,

Senior Counsel,

For Mr.K.Prabhu

For Respondent : Mr.S.Ravi,

Additional Public Prosecutor

ORDER

The present petition raises an important procedural question concerning the nature of judicial scrutiny required when further investigation during trial is sought under Section 193(9) BNSS, 2023, an issue that must be viewed through the lens of the right of the accused to a fair trial, the principles of natural justice, and the duty of the Court to ensure that prosecution does not fill up lacunae under the guise of further investigation.

2. The controversy