The court clarifies the procedural rights of a defacto complainant in seeking further investigation under specified laws post the filing of a final report.

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Sekar ... Petitioner Vs.

The State of Tamil Nadu, 1. The State of Tamilnadu, Rep.by the Superintendent of Police, Madurai District, Madurai.

2. The Deputy Superintendent Of Police, O/o.The Deputy Superintendent of Police, Ccd-Iii, Madurai, Madurai District.

3. The Inspector of Police, Cccd-III, Madurai.

(In Cr.No.28/2021) ... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023 to direct the 1^st respondents to transfer the investigation in Cr.No.28 of 2021 on the file of the 3rd respondent Police to any other independent agency or competent Officer other than the present investigating Officer and to direct the 1st and 2^nd respondents to personally supervise the investigation and ensure filing of final report within a time frame fixed by this Court, based on the petitioner's representation dated 11.02.2026.

For Petitioner : Mr.S.K.Muthamil Venthan For Respondents : MrA.Thiruvadi Kumar Additional Public Prosecutor

ORDER

The petitioner seeks for a direction to the 1^st respondent to transfer the investigation in Cr.No.28 of 2021 on the file of the 3^rd respondent police to any other independent agency or competent Officer other than the present investigating Officer and to direct the 1^st and 2^nd respondents to personally supervise the investigation and ensure filing of final report within a time frame fixed by this Court, based on the petitioner's representation dated 11.02.2026.

2. The learned counsel appearing for the petitioner submitted that the petitioner is the defacto complainant, on whose instance, Crime No. 28 of 2021 was registered by the third respondent police for the offences under Section 66D of the Information Technology (Amendment) Act, 2008 and Section 420 IPC with regard to the cyber fraud suffered by the petitioner, which caused a loss of Rs. 15,62,000/-. However, there is no progress in the investigation.

3. The learned Additional Public Prosecutor, on instructions, would submit that the investigation is completed and a final report in CC No.2586 of 2025 has been filed before the learned Judicial Magistrate No.I, Madurai and hence, nothing survives for further adjudication.

4. In view of the same, this Criminal Original Petition is closed with liberty to the petitioner to challenge the final report, by filing a petition seeking further investigation under Section 173(8) Cr.P.C., / 193 (9) BNSS, 2023, if not satisfied by the manner in which final report is filed.

27.02.2026 NCC : Yes / No Index : Yes / No Sm TO:-

1. The Superintendent of Police, Madurai District, Madurai.

2. The Deputy Superintendent Of Police, O/o.The Deputy Superintendent of Police, Ccd-Iii, Madurai, Madurai District.

3. The Inspector of Police, Cccd-III, Madurai.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

L.VICTORIA GOWRI, J.

Sm Order made in Dated

27.02.2026