M.Saravana Kumar vs The Assistant Commissioner Of Police
2026 Latest Caselaw 404 Mad

Madras High Court

M.Saravana Kumar vs The Assistant Commissioner Of Police on 17 February, 2026

                                                                                           Crl.A.(MD).No.232/2026

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED 17.02.2026

                                                          CORAM

                                  THE HONOURABLE MRS. JUSTICE N.MALA

                                              Crl.A.(MD).No.232/2026

                    M.Saravana Kumar                                     ..                         Appellant

                                                             Versus

                    1.The Assistant Commissioner of Police
                      Anna Nagar Range, Madurai City
                      Madurai 625 020.

                    2.The Inspector of Police
                      E3 Anna Nagar Police Station
                      Madurai City, Madurai 625 020.                                  ..       Respondents

                    Prayer:- Criminal Appeal filed under Section 14[A][2] of the SC/ST [POA]
                    Act, to call for the records pertaining to the order of learned III Additional
                    District and Sessions Judge, [PCR], Madurai, in CMP.No.62/2026 dated
                    11.02.2026, and set aside the same insofar as rejecting to take the cognizance
                    of the offences u/s.296[b], 115[2], 351[2] of BNS, 2023, and sections 3[1][r]
                    & 3[1][s] of the SC/ST [Prevention of Atrocities] Act, 1989, and further
                    direct the respondent police to forthwith arrest the accusd persons in Crime
                    No.80/2026 registered by E3 Anna Nagar Police Station, Madurai by
                    ensuring fair, effective and time bound investigation.


                                                                 1




https://www.mhc.tn.gov.in/judis             ( Uploaded on: 18/02/2026 10:59:54 am )
                                                                                            Crl.A.(MD).No.232/2026



                                  For Appellant          :        Mr.C.Selvakumar

                                  For RR 1 & 2           :        Mr.K.Sanjai Gandhi, GA [Crl.Side]



                                                         JUDGMENT

(1)The appeal is preferred by the appellant against the order dated

11.02.2025, made in CMP.No.62/2026, by the learned II Additional

District and Sessions Judge [PCR], Madurai, dismissing the petition filed

for a direction to the police to arrest the accused persons pursuant to his

complaint dated 12.08.2025,

(2)The appellant filed a complaint on 12.08.2025 against the accused 1 to 4

complaining of criminal consipracy to illegally grab his valuable property

by refusing to vacate the premises and continuously harassing and

intimidating the appellant.

(3)Since no action was taken on the complaint of the petitioner dated

12.08.2025, the petitioner submitted detailed representations on

27.09.2025 and 12.01.2026 to the Commissioner of Police, Madurai City,

complaining of the caste atrocity, threats, assault and illegal occupation.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/02/2026 10:59:54 am )

However, no action was taken and therefore, the petitioner filed WP.Crl.

(MD).No.504/2026, pursuant to which, directions were issued to the

respondent police to take action. The appellant states that only thereafter,

an FIR in Crime No.80/2026 came to be registered on 09.02.2026, for the

offences under Sections 296[b], 115[2], 351[2] of BNSS and under

Sections 3[1][r] and 3[1][s] of SC/ST Act. The appellant further states that

meanwhile, the appellant was constrained to file CMP.No.62/2026, before

the Special Court [PCR], Madurai, seeking judicial direction to arrest the

accused. However, the said application was dismissed and therefore, the

appellant was constrained to file the above appeal for the aforesaid relief.

(4)The learned Government Advocate [Crl.Side] accepting notice on behalf

of the respondents, submitted that after investigation on the appellant's

complaint, the complaint was closed as 'Mistake of Fact' and therefore,

nothing survives for adjudication in the appeal.

(5)Heard both sides and perused the materials placed on record.

(6)Since the complaint of the appellant has been closed as 'Mistake of Fact',

as rightly contended by the learned Government Advocate [Crl Side],

nothing survives for adjudication in the appeal.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/02/2026 10:59:54 am )

(7)Hence, the Criminal Appeal is disposed of. However, the appellant is

granted liberty to challenge the closure of the complaint as 'Mistake of

Fact' by filing a Protest Petition before the jurisdictional Court.

17.02.2026

AP Index:No Internet: Yes

To

1.The Assistant Commissioner of Police Anna Nagar Range, Madurai City Madurai 625 020.

2.The Inspector of Police E3 Anna Nagar Police Station Madurai City, Madurai 625 020.

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

https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/02/2026 10:59:54 am )

N.MALA, J.,

AP

17.02.2026

https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/02/2026 10:59:54 am )