BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Elanthendral ... Petitioner Vs.

The Inspector of Police, District Crime Branch, Madurai District.

(Crime No.37 of 2025) ... Respondent Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the respondent to complete the investigation in respect of Crime No.37 of 2025 and to laid the final report before the learned Judicial Magistrate No.I, Madurai, in accordance with law within the time prescribed by this Court.

For Petitioner : Mr.Babu Rajendran For Respondent : Mr.M.Sakthi Kumar 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 respondent to complete the investigation in respect of Crime No.37 of 2025 and to laid the final report before the learned Judicial Magistrate No.I, Madurai, in accordance with law.

Submissions:

4. The learned counsel for the petitioner submits that though the FIR was registered on 07.10.2025, 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) 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 purchased the property in S.No.346/4B1A1 at K. Vellakulam, Kallikudi, Madurai, under a registered sale deed dated 01.04.2015 and mortgaged the same with Tamilnadu Mercantile Bank in 2016. It is alleged that Suresh and others, in collusion with Sakthi Finance Limited, impersonated the petitioner, forged his signature, and falsely showed him as a guarantor for a hire purchase loan obtained in 2019, despite his title deeds being with the bank. On learning of the