2026 Supreme(Online)(Mad) 23154
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR, J
S. Sreeja Balakrishnan – Appellant
Versus
The Director General of Police – Respondent
Writ Petition (Criminal)
For the Appellants/Petitioners: Mr. D. Soundar Raj
For the Respondents: Mr. Leonard Arul Joseph Selvam, Additional Public Prosecutor
Police have the discretion to further investigate if new materials are presented without requiring legal opinion.
Headnote:This Writ Petition under Article 226 of the Constitution requests a writ of mandamus directing the 1st respondent to revise the FIR and conduct an investigation based on the petitioner's representation dated 08.12.2025. The court notes that the investigation has been completed but emphasizes the police's power to conduct further inquiries if new materials arise. The ruling reinforces the discretion of law enforcement to expand investigations as necessary. As such, the Writ Petition is disposed of with costs.
| Table of Content |
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| 1. petitioner's request for fir revision and investigation. (Para 1 , 2 , 3) |
| 2. further investigation powers of police. (Para 4) |
| 3. disposition of the writ petition. (Para 5) |
O R D E R
This Writ Petition (Criminal) has been filed seeking a direction to the 1st respondent to issue suitable instruction to the 2nd respondent to revise the FIR by including relevant provisions of law, conduct the investigation in a time bound manner and take suitable action against the 3rd respondent herein, by considering the representation of the petitioner dated 08.12.2025.
2. The learned counsel for the petitioner submitted that the petitioner had sent a representation on 08.12.2025 seeking a proper investigation and the filing of a final report in Crime No.25 of 2025 dated 03.06.2025, in which the petitioner is the defacto complainant. The primary allegation is that the FIR has been registered only under Section 74 of BNS and that no investigation has been conducted with regard to the other allegations.
3. The learned Additional Public Prosecutor submitted that the investigation in this case has been completed and the final report was filed through e-filing on 26.10.2025. However, the same was returned for certain deficiencies and corrections to be made. In the meanwhile, the petitioner’s representation dated 08.12.2025 has been received. The 2nd respondent has now addressed the Public Prosecutor to ascertain whether the present complaint can be considered and what further steps are to be taken.
4. Considering the submissions made and on perusal of the material available on record, it is made clear that the police always have the power to conduct further investigation if they stumble upon any additional materials. For this purpose, no legal opinion is required and they are at liberty to proceed with further investigation if any such materials are received.
5. With the above direction, this Writ Petition (Criminal) is disposed of. No costs.