Mallika v. The State of Tamilnadu

ORDER This Criminal Original Petition is filed to transfer the investigation from 2nd Respondent to some other investigation agency or some other equal office in the place of 2nd respondent in Crime No.16 of 2026 filed by the 2nd Respondent.

¶2Learned counsel for the petitioner submitted that the petitioner is the defacto complainant on whose instance Crime No.16 of 2026 was registered by the second respondent police for the offenses under sections 191(2), 296(b) and 105 of BNS. The case of the prosecution is that the petitioner's husband has borrowed a sum of Rs.3,00,000/- from one Karuthan and his wife for construction of house and he has been regularly paying the monthly interest. In the meanwhile, the said Karuthan harassed the petitioner's husband with a motive to grab the house property. On 08.02.2026, the accused persons tresspassed into the petitioner's house and assaulted the petitioner's husband. In the incident, the petitioner's husband died. Hence, the present case came to be registered. Since there is no progress in the investigation, this Criminal Original Petition came to be registered.

¶3The Learned Government Advocate submitted that in the attack, the petitioner's husband was killed. In this regard, all the accused persons were already arrested and remanded to judicial custody on the very same day and the investigation is in progress and postmortem report is awaited. The respondent police will conclude the investigation, as soon as the post mortem report is received.

¶4Heard either sides and carefully perused the materials available on record.

¶5In view of the submission made by the learned Government Advocate, there shall be a direction to the respondent police to complete the investigation within a period of two months from the date of receipt of a copy of this order. The plight of the petitioner is that the main accused Karuthan is so far not yet arrested. In this regard, the first respondent is directed to look into the manner in which the investigation is conducted as to whether the arrest of Karuthan is warranted. However, the first respondent is directed to monitor the progress of the investigation in this case time to time and the second respondent is directed to appraise the progress to the first respondent on every Friday.

¶6With the above direction, this Criminal Original Petition is disposed of.

23.02.2026 NCC : Yes/No Index : Yes / No pnn To

1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Karuppayoorani Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ooooooooooooooooooooooooooooooooL.oVICTORIAoGOWRI,J ooooooooooooooooooooooooooooooooooooooooooooopnn oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.3724oofo2026 ooooooooooooooooooooooooooooooDateoo:o23/02/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 23/02/2026 CORAM THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI Mallika ... Petitioner Vs 1.The State represented by The Superintendent of Police, Madurai District, Madurai. 2.The State represented by The Inspector of Police, Karuppayoorani Police Station, Madurai District. (Crime No.16 of 2026) ... Respondents PRAYER :- To transfer the investigation from 2nd Respondent to some other investigation agency or some other equal office in the place of 2nd respondent in Crime No.16 of 2026 filed by the 2nd Respondent. For Petitioner : Mr.K.P.Narayanakumar For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl Side)