Navarathinam v. The State of Tamilnadu Rep.By, the Inspector of Police,

ORDER The petitioner, defacto complainant, who is wife of one Athithan, has lodged a complaint before the respondent police making allegation against a Doctor who has given improper treatment to her husband and a case in crime no.515 of 2022 was registered on 06.12.2022 under section 174 Cr.P.C. Thereafter, as there was no progress in the investigation, the petitioner has filed a petition before the Judicial Magistrate No.-1, Chidambaram under section 173(8) of Cr.P.C. seeking for a direction for further investigation. The learned Judicial Magistrate No.1, Chidambaram vide order dated 10.04.2023 has recorded that the case in crime no.512 of 2022 is pending investigation and that the stage of further investigation would arise only after the final report has been filed by the investigation officer under section 173(2) of Cr.P.C. and hence, the judicial magistrate court has not entertained that petition and dismissed the same, against which, the present petition has been preferred.

2.The learned counsel for the petitioner has appeared through video conferencing platform. At the time of hearing, the learned Government Advocate (Criminal side) has submitted that after registration of the case, the investigation was conducted and a statement of witnesses have been recorded. After completing the investigation, the final report has been filed recording that the death of the petitioner's husband was a natural death and hence, the action was dropped in R.C.S.No.13 of 2026 on 09.04.2026. The same has been filed before the Judicial Magistrate No.1, Chidambaram. The learned Government Advocate (Criminal side) has further submitted that on 09.04.2026, the notice has been served to the petitioner defacto complainant.

3.In the light of the above submissions, it is seen that the present petition has been filed before this court on 13.03.2026, challenging the order passed on

10.04.2023. Subsequently, after the completion of the investigation, the final report has been filed recording that the further action dropped in R.C.S.No.13 of 2026. In the light of the above, the petitioner is granted liberty to file a protest petition by furnishing further details collected by her and also the grievance of the petitioner questioning the final report. The jurisdictional Judicial Magistrate shall consider the protest petition if any to be filed by the petitioner and pass appropriate orders in the manner known to law. With the above liberty and observation, the present criminal original petition is disposed of. No costs. 08-06-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes vvk To

1.The Judicial Magistrate No.1, Chidambaram.

2.The Inspector of Police, Annamalai Nagar Police Station, (Crime No.515 of 2025) M.NIRMAL KUMAR J. vvk CRL OP No. 7430 of 2026

08-06-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-06-2026 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Navarathinam Petitioner Vs The State of Tamil Nadu Rep.by, The Inspector of Police, Annamalai Nagar Police Station, Crime No.515 of 2025. Respondent PRAYER This criminal original petition is preferred under section 528 of the BNSS Act, 2023 seeking to call for the records and set aside the impugned order dated 10.04.2023 in C.M.P.No.1061 of 2023 on the file of the Judicial Magistrate - 1, Chidambaram and investigate the matter by Superintendent of Police, Crime Branch, Cuddalore District to secure the ends of justice and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner: Mr.R.Sankarasubbu For Respondent: Mr.R.Rajasekaran, Counsel for Government of Tamil Nadu (Criminal side)