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2026 Supreme(Online)(Mad) 48883
IN THE HIGH COURT OF JUDICATURE AT MADRAS
L. Victoria Gowri, J
Pandimeena – Appellant
Versus
State Of Tamilnadu – Respondent
W.P.Crl.(MD)No.671 of 2026
For the Appellants/Petitioners: S.Sureshkumar
For the Respondents: S.Arun Arockiasamy
A writ of mandamus for the appointment of a new investigation officer is not maintainable once a final police report in the case has already been filed and submitted.
Headnote:The petitioner filed a writ petition under Art. 226 of the Constitution of India seeking a mandamus to direct the respondents to appoint a competent investigation officer for a specific criminal case. The court noted that a final report had already been filed by the police authorities prior to the filing of the writ petition. The court observed that the investigation had already reached its conclusion through the filing of the final report. The main issue was whether the petitioner could seek a fresh investigation officer after the final report had been submitted in the matter. The court reasoned that since a final report was already on record, the matter should be addressed through appropriate legal channels for challenging such reports rather than through a mandamus for fresh investigation. The writ petition stands disposed of with liberty to the petitioner to challenge the final report, if so advised.
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| 1. mandamus is inappropriate where the investigation has concluded with the filing of a final report. (Para 1 , 2 , 3 , 4) |
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to consider the petitioner's representation dated 23.01.2026 and consequently appoint a competent and appropriate investigation officer and conduct a proper investigation in crime No.33/2025 on the file of the third respondent accordance with law.
ORDER
This writ petition has been filed seeking for a direction to the respondents to consider the petitioner's representation dated 23.01.2026 and consequently appoint a competent and appropriate investigation officer and conduct a proper investigation in Crime No.33/2025 on the file of the third respondent accordance with law.
2. When the matter was taken up for hearing, the learned Government Advocate appearing for the respondent police submitted that the investigation had already been expedited and conducted in a proper manner, and that a final report had been filed as early as 22.06.2026. It was further submitted that only thereafter had the petitioner approached this Court by way of the present writ petition seeking further investigation.
3. Heard the learned counsel on either sides and carefully perused the materials placed before this Court.
4. In view of the aforesaid submission made, this Writ Petition stands disposed of with liberty to the petitioner to challenge the final report, if so advised.
