BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2026 CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.P.Muthu Raman ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. by the Commissioner of Police, Tirunelveli City.

2. The Sub-Inspector of Police, Palayamkottai, Police Station, Tirunelveli City.

(Crime No. 371 of 2025) ... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023 to direct the Sub Inspector of Police, Palayamkottai Police Station, Tirunelveli City to complete the investigation in Crime No. 371 of 2025 pending on his file and to file a final report there from within the time stipulated as prescribed by this Court.

For Petitioner : Mr.R.Anand For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.)

ORDER

Preface:

The advent of the Bharatiya Nyaya Sanhita, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), 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. This Criminal Original Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking a direction to the respondent police to file a final report with respect to Crime No.88 of 2024.

Submissions:

4. The learned counsel for the petitioner submits that though the FIR was registered on 06.07.2025, 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) submits 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. In the case on hand, the complaint alleges that the Indian Public School, situated at Maharaja Nagar, Palayamkottai, Tirunelveli District, was functioning without obtaining proper recognition and was abruptly closed without adhering to the due process of law. Hence, the complaint was registered and is pending without any progress.

10. This Court notes that the FIR in the present case was registered on

06.07.2025 and the investigation has not culminated in a fi