V.Kathiresan v. The Assistant Commissioner, High Court Security
CRL OP(MD)/14983/2026 · 2026-07-22
R Vijayakumar
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 55263 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 55263 (MAD) · dailylaw.ai ]
Judgment text
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Crl.OP(MD) No.14983 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2026 CORAM THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.14983 of 2026 V.Kathiresan ... Petitioner Vs The Assistant Commissioner, High Court Security, Madurai City. ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to direct the respondent to conduct further investigation based on the petitioner's complaint dated 10.12.2025 by sending the document to the expert so as to ascertain the truth and pass a suitable order within the time frame as fixed by this Court. For Petitioner : Mr.D.S.Haroon Rasheed For Respondent : Mr.B.Arun Government Advocate (Crl.Side) 1/7 https://www.mhc.tn.gov.in/judis
Crl.OP(MD) No.14983 of 2026
ORDER The present petition has been filed seeking a direction to the respondent to conduct further investigation based upon the petitioner's complaint, dated 10.12.2025 by sending a document to the Experts, who has to ascertain the truth. 2. Perusal of the records reveal that one Manimaran has lodged a complaint as against the petitioner herein and based upon the same, FIR has been registered as against the petitioner in Cr.No.153 of 2024 on 05.03.2024 for the alleged offence under Sections 294(b), 506(1) IPC. After completion of investigation, charge sheet has also been laid before the learned Judicial Magistrate No.VI, Madurai on 06.03.2024 and it has been taken on file in STC No. 2216 of 2024. 3. According to the learned counsel appearing for the petitioner, only after going through the charge sheet, he found that the copy of the complaint said to have been lodged by Manimaran has not been signed by him and it has been forged by some other person. Thereafter, the petitioner has sent a representation on 10.12.2025 seeking to verify the signature of the defacto complainant in Cr.No.153 of 2024. Since there was no proper response, the 2/7 https://www.mhc.tn.gov.in/judis
Crl.OP(MD) No.14983 of 2026 petitioner had filed a petition in W.P.Crl (MD) No.3227 of 2026 before this Court seeking a mandamus, directing the Inspector of Police, Anna Nagar Police Station to take necessary action as against the Sub Inspector of Police of the concerned police station and conclude the enquiry by considering the petitioner's complaint, dated 27.05.2026. This Court, by an order dated 22.06.2026 has directed the Deputy Commissioner of Police, Madurai City to conduct a discreet enquiry on the petitioner's complaint dated 27.05.2026 and conclude the same within a period of four weeks, from the date of receipt of copy of this order. The first respondent in the said petition namely the Commissioner of Police, Madurai City was directed to monitor the investigation to be conducted by the Deputy Commissioner of Police, Madurai City. 4.Pursuant to the orders passed by this Court, the Deputy Commissioner of Police, Madurai City has conducted an enquiry and submitted a report, dated 21.07.2026, wherein findings have been rendered to the effect that the said Manimaran had in fact signed the complaint.
In case, if the petitioner is having any doubts over the signature of said Manimaran, he could very well approach the concerned Court for sending the copy of the complaint for Expert opinion. 3/7 https://www.mhc.tn.gov.in/judis
Crl.OP(MD) No.14983 of 2026
5. According to the learned counsel appearing for the petitioner, the respondent authorities ought to have sent the complaint of Manimaran to the Forensic Lab to find out whether it is his signature or not. Instead, they cannot relegate the issue to the trial in STC No.2216 of 2024. Hence, the present application has been filed seeking to conduct further investigation based upon the complaint lodged by the petitioner, dated 10.12.2025. 6. Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent submitted that after issuing summons to 16 witnesses and conducting a detailed enquiry, they have arrived at a finding that the Manimaran had in fact signed the complaint and presented before the police authorities. In such circumstances, there is no further investigation is called for. 7. Heard the learned counsel appearing for the petitioner and the materials available on record. 8. The primary contention of the learned counsel appearing for the petitioner is that the defacto complainant in Cr.No.153 of 2024 had not signed the complaint and it has been forged by someone else. Based upon the said grievance, the petitioner has lodged a complaint, immediately after receipt of 4/7 https://www.mhc.tn.gov.in/judis
Crl.OP(MD) No.14983 of 2026 the charge sheet in STC No.2216 of 2024. The authorities after conducting investigation have now arrived at a finding that in fact, it is the signature of the said Manimaran and relegated the petitioner to undergo the trial in STC No. 2216 of 2024 and in case, if the petitioner wants, he can approach the said Court to refer the document for Expert opinion. 9.
Once the authorities have arrived at a finding that it is the signature of Manimaran in the complaint filed by him on 05.03.2024, no further enquiry into the said issue would arise. The petitioner can very well file an application before the trial Court in STC No.2216 of 2024, if he is so advised, to send the copy of complaint of Mr. Manimaran (annexed to the charge sheet) for Expert opinion, in order to find out the veracity of the said compliant. 10.Granting the aforesaid liberty, the present Criminal Original Petition stands closed. 22.07.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No PNM 5/7 https://www.mhc.tn.gov.in/judis
Crl.OP(MD) No.14983 of 2026 To 1.The Judicial Magistrate No.VI, Madurai 2.The Assistant Commissioner, High Court Security, Madurai City. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7 https://www.mhc.tn.gov.in/judis
Crl.OP(MD) No.14983 of 2026 R.VIJAYAKUMAR
, J.
PNM
ORDER MADE IN Crl.OP.(MD)No.14983 of 2026 22.07.2026 7/7 https://www.mhc.tn.gov.in/judis