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Crl.O.P.(MD)No.1630 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 29.01.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

Crl.O.P.(MD)No.1630 of 2026

Mahalingam ... Petitioner

Vs.

1. The Superintendent of Police,

Madurai District.

2. The State of Tamil Nadu,

Represented by its

The Inspector of Police,

Thirumangalam Taluk Police Station,

Madurai District.

(Crime No.32 of 2016) ... Respondent

PRAYER : Petition filed under Section 528 of BNSS, 2023 to direct the

respondents to conduct a fair and proper investigation in Crime No.32 of 2016

dated 25.01.2016 on the file of 2nd respondent and to file the final report

within stipulated time as framed by this Court.

For Petitioner : Mr.R.Sundar

For Respondents : Mr.M.Sakthi Kumar

Government Advocate (Crl.)

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Crl.O.P.(MD)No.1630 of 2026

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.

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Crl.O.P.(MD)No.1630 of 2026

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.32 of 2016.

Submissions:

4. The learned counsel for the petitioner submits that though the FIR was

registered on 25.01.2016, 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:

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Crl.O.P.(MD)No.1630 of 2026

(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, it is alleged in the complaint that while the

respondent police were on patrol duty, the petitioner was found in possession