Disposed

G.Kartheeswari v. State Of Tamilnadu Rep By The Sub Inspector Of Police, Sivakasi Town

Madras HC19 Feb 2026CRL OP(MD)/3645/2026

Case brief

AI extract

What is this about?

De facto complainant sought direction to police to complete investigation and file final report in Crime No.444 of 2025 registered on an FIR dated 18.07.2025. The Court held the delay unexplained contrary to Section 193 BNSS timelines and directed completion of investigation and filing of the final report within eight weeks.

What did the court decide?

Direction to complete investigation in Crime No.444 of 2025 and file final report within 8 weeks; Section 193(3) compliance if delayed; liberty to petitioner to seek remedies on non-compliance.

G.Kartheeswari Vs State Of Tamilnadu Rep By The Sub… — Quashing and FIR | Madras HC (2026)

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Crl.OP(MD)No.3645 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 19.02.2026

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CORAM

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THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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Crl.O.P.(MD).No.3645 of 2026

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G. Kartheeswari ... Petitioner / Defacto Complainant

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Vs.

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The State of Tamil Nadu, Rep by the Sub-Inspector of Police, Sivakasi Town Police Station, Virudhunagar District. (In Crime No.444 of 2025) ... Respondent / Complainant

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Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the respondent to complete the investigation in the case in Crime No. 444 of 2025 and file a final report within the stipulated time.

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For Petitioner : Mr.M.Jothibasu

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For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl. Side)

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https://www.mhc.tn.gov.in/judis

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Crl.OP(MD)No.3645 of 2026

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ORDER

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Preface:

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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.

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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.

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https://www.mhc.tn.gov.in/judis

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Crl.OP(MD)No.3645 of 2026

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This Criminal Original Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking a direction to the respondent to file a final report with respect to the Crime No.444 of 2025.

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The case of the prosecution is that the civil dispute is

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between the petitioner/ de facto complainant and her brother. The petitioner has filed suit and the same was decreed in favour of her. The petitioner's brother has executed a mortgage deed in favour of the accused person. Based on the execution, the accused disturbed the petitioner's possession and trespassed into the house and scolded the petitioner by using abusive words, and attacked the petitioner and her son with hands and a stick and also threatened them to face dire consequences. Hence, she lodged a complaint, leading to the registration of Crime No.444/2025 against them under various sections of the BNS and TNPHW Act. Whereas the respondent has not taken any sincere efforts till now and is also not interested in completing the investigation. Hence, the present Criminal Original Petition came to be filed seeking to file a final report.

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https://www.mhc.tn.gov.in/judis

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Crl.OP(MD)No.3645 of 2026

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Submissions:

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The learned counsel for the petitioner submits that though the FIR was registered on 18.07.2025, 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.

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The learned Government Advocate (Crl. side) submits that the investigation is in progress and the investigating officer shall abide by any timeline fixed by this Court.

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Heard the learned counsels on either side and carefully

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perused the materials available on record.

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Analysis:

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The BNSS has introduced a strict regime of time-bound investigation, which reads as follows:

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(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

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https://www.mhc.tn.gov.in/judis

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Crl.OP(MD)No.3645 of 2026

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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.

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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.

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This Court notes that the FIR in the present case was registered on 18.07.2025 and the investigation has not culminated in a final report even after the lapse of the period contemplated under Section 193(2) BNSS. No material is placed before this Court to show that the reasons for delay were recorded in writing or that the same was intimated to the jurisdictional Magistrate as required under Section 193(3) BNSS.

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https://www.mhc.tn.gov.in/judis

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Crl.OP(MD)No.3645 of 2026

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Such unexplained delay defeats the very purpose of the reformed statutory architecture, which mandates expeditious investigation so that the criminal process becomes an instrument of justice rather than a prolonged ordeal.

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Accordingly, this Court is inclined to issue appropriate directions.

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In the light of the above statutory mandate and taking into account the facts and submissions, the following directions are issued:

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(i) The respondent police is directed to complete the investigation in Crime No.444 of 2025 and file a final report before the jurisdictional Court within a period of eight (8) weeks from the date of receipt of a copy of this order.

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(ii) If for any legally acceptable reason the investigation cannot be completed within the above period, the investigating officer shall strictly comply with Section 193(3) BNSS by recording reasons in writing and placing the same before the jurisdictional Magistrate without fail.

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https://www.mhc.tn.gov.in/judis

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Crl.OP(MD)No.3645 of 2026

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(iii) The petitioner is at liberty to work out his remedies in

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accordance with law if the above directions are not complied with.

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Epilogue:

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The BNSS, 2023 embodies a shift from a punitive colonial framework to a justice-centric democratic framework. Timely investigation is the first guarantee of fairness to both victim and accused. This Court expects diligent adherence to statutory timelines by the investigating agency.

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The Criminal Original Petition is accordingly disposed of with the above directions.

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19.02.2026

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NCC : Yes / No Index : Yes / No Internet : Yes/ No Sml

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The Sub-Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

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

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https://www.mhc.tn.gov.in/judis

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Crl.OP(MD)No.3645 of 2026

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L.VICTORIA GOWRI, J.

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Sml

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CRL OP(MD)No.3645 of 2026

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19.02.2026

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https://www.mhc.tn.gov.in/judis

G.Kartheeswari v. State Of Tamilnadu Rep By The Sub Inspector Of Police, Sivakasi Town

Case brief

What is this about?

What did the court decide?

G.Kartheeswari v. State Of Tamilnadu Rep By The Sub Inspector Of Police, Sivakasi Town

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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