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2026 Supreme(Online)(Mad) 42896

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT


DATED: 08.04.2026


CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR


Crl.OP.(MD)No.6855 of 2026

and

Crl.M.P(MD)No.7389 of 2026


Indra Priyadharshini ...Petitioner/Defacto Complainant

Vs

1. The State of Tamilnadu, Rep. by the Inspector of Police,

Sivagiri Police Station, Tenkasi District.

(Crime No.401 of 2024)

2. Poopathiramalingam

3. Rajagopal

4. Valliammal

5. Ravisankar ...2nd to 5th Respondents/Accused Nos.1 to 4

PRAYER:

Criminal Original Petition is filed under Section 528 of BNSS Act, to direct the 1st respondent to conduct further investigation or reinvestigation by an independent agency or by a different officer and file supplementary report in calendar case C.C.No.203 of 2024, on the file of the Judicial Magistrate, Sivagiri.

For Petitioner : M/s.K.P.Sankarakumarakurubaran

For Respondents : Mr.A.Albert James Government Advocate(crl.side) for R1

ORDER

The present petition has been filed by the defacto complainant in C.C.No. 203 of 2025 on the file of the learned Judicial Magistrate, Sivagiri, seeking a direction to the first respondent to conduct further investigation or re-investigation by an independent agency or by a different officer.

2. According to the learned Counsel appearing for the petitioner, though 4 accused were cited in the FIR, two of them have been deleted and the charge sheet has been laid only as against the remaining 2. According to them, the investigation has not been properly conducted and on false ground, two of the accused persons have been deleted from the charge sheet.

3. I have considered the submissions made on either side and perused the materials available on record.

4. In case the petitioner is aggrieved by the deletion of some of the accused persons in the charge sheet, it is always open to the petitioner to invoke the provisions of Section 319 of Cr.P.C. (Section 358 of BNS) during the appropriate stage of the trial. If the Court is satisfied with regard to the justification for including their name as the accused persons, the Court can proceed in accordance with law.

5. With the above said observations, this Criminal Original Petition stands disposed of. Consequently, connected miscellaneous petition is also closed.

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