M.Kasiammal v. The District Superintendent of Police

O R D E R The petitioner as de facto complainant had lodged a complaint based on which a case in Crime No. 10 of 2026 was registered on

08.01.2026 for the offences under Sections 191(2), 296(b), 115(2) and 351(2) of BNS. Thereafter, no action has been taken. The petitioner sent a representation on 13.02.2026 to the 1st respondent. Even thereafter, there has been no progress in the investigation. Hence, the above criminal original petition.

¶2The contention of the learned counsel for the petitioner is that the respondent/Police are now threatening the petitioner to withdraw the case against A1, who is a Government School Teacher. The petitioner apprehends threat to her life and safety.

¶3Learned Additional Public Prosecutor has filed a status report and submitted that the petitioner belongs to Hindu Irular community, aged 65 years. She is residing along with her husband and they are daily 2\6 wage earners. The petitioner had earlier filed a writ petition in W.P. No. 29138 of 2025 before this Court seeking mutation of revenue records and this Court had directed the authorities concerned to conduct an enquiry and pass appropriate orders within a period of 12 weeks. That being so, on

24.12.2025, the petitioner had put up temporary iron sheet roofing in her house site bearing Door No. 92 and the accused persons namely, Jegadeesh, Udhaya, Sai along with 10 unidentified associates, formed an unlawful assembly and trespassed into the property and abused the petitioner and her husband in filthy language, claiming ownership over the property. The petitioner, through her grandson, had informed the Police by calling 100. The Police had also visited the spot and instructed the parties to appear for an enquiry on 25.12.2025. It is thereafter projected that the accused persons again came to the petitioner's property, assaulted her and caused damage to the iron sheet roofing put up by the petitioner. On the complaint of the petitioner, a case was registered in Crime No. 10 of 2026 for the offences under Sections 191(2), 296(b), 115(2) and 351(2) of BNS on 08.01.2026. Now, the investigation is in progress and statements have been recorded. During investigation, it came to light that one Venkatesan had filed a writ 3\6 petition in W.P. No. 27169 of 2024 on behalf of the accused and this Court had observed that the representation of Venkatesan should be considered and his representation is yet to be disposed of. Thereafter, the petitioner had filed W.P. No. 29138 of 2025 to consider her representation and issue patta in her favour. As regards criminal case, now, investigation is in progress. He would further submit that the investigation is pending due to non-furnishing of certain documents by Special Tahsildar, Sengam Taluk, Tiruvannamalai District and Sub Registrar, Tiruvannamalai. As soon as the documents sought are furnished, the statement of Special Tahsildar will be recorded and final report will be filed without delay, preferably within a period of 2 months.

¶4In view of the above submission made by the learned Additional Public Prosecutor, recording the same, this criminal original petition is disposed of.

¶5Learned counsel for the petitioner produced photographs showing that there have been damages caused and further the respondent Police have been threatening the petitioner. 4\6

¶6The District Legal Services Authority, Tiruvannamalai, is directed to provide appropriate relief to the petitioner if the petitioner approaches with any complaint seeking assistance and protection.

24.03.2026 nv To

¶1The District Superintendent of Police, Office of District Superintendent of Police, Thiruvannamalai District.

¶2The Inspector of Police, Thiruvannamalai West Police Station, Thiruvannamalai.

¶3The Public Prosecutor, High Court, Madras. 5\6 M. NIRMAL KUMAR,J. nv

24.03.2026 6\6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.03.2026 CORAM THE HONOURABLE MR. JUSTICE M. NIRMAL KUMAR M. Kasiammal ..Petitioner Vs. 1. The District Superintendent of Police, Office of District Superintendent of Police, Thiruvannamalai District. 2. State rep. by The Inspector of Police, Thiruvannamalai West Police Station, Thiruvannamalai. ..Respondents Prayer: Criminal Original Petition filed under Section 528 of BNSS to transfer the investigation of the case in Crime No. 10 of 2026 pending before the 2nd respondent to some other agency such as the Crime Branch or CBCID based on the petitioner's representation dated 13.02.2026 made to the 1st respondent herein. For Petitioner :: Mr.K. Ezhumalai 1\6 For Respondents :: Mr.Leonard Arul Joseph Selvam Addl. Public Prosecutor