J.S.V.S.Sarveshwara Rao v. State Rep.By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-06-2026
CORAM
THE HON'BLE MR JUSTICE M. NIRMAL KUMAR in Crl.O.P.No.35084 of 2025 J.S.V.S.Sarveshwara Rao S/o.Jayaraman, No.2/264, 5th Cross Street, PuthuNagar, Pulliyon, Tiruvallur, Vadakarai, Tamilnadu-600 052.
..Petitioner(s) Vs State rep.by, The Deputy Superintendent of Police, CSCID, ChennaiNorth Police Station, Chennai.
Cr.No.05/2023.
..Respondent(s) Criminal Miscellaneous Petition is filed under Section 528 of BNSS to recall the order dated 05.01.2026 passed vide Crl.OP.No.35084/2025 on the file of this Hon'ble Court and consequently, permit the petitioner to advance his arguments in the main quash petition.
For Petitioner(s):
T.R.Sivaram For Respondent(s):
M/S.R. RAJASEKARAN Counsel for Govt. of Tamil Nadu (CRL. SIDE)
ORDER
This petition is filed to recall the order dated 05.01.2026 passed vide Crl.OP.No.35084/2025 on the file of this Court.
2. The petitioner had filed a quash petition in Crl.O.P.No.35084/2025 seeking to quash the case in Cr.No.5 of 2023. When the same was taken up for consideration on 05.01.2026, the learned Government Advocate (Crl.Side), on instruction, submitted that the investigation has been completed and final report has been filed in e-filing No. LTN202300598C202400135, before the Judicial Magistrate Court No.II, Tiruvallur on 10.12.2024.
3. The learned counsel for the petitioner submitted that thereafter the petitioner had filed a copy application on 06.01.2025 seeking for certified copy of the charge sheet and the same was returned on 08.01.2026 for the reasons that charge sheet not filed. Hence the present petition is filed to recall the order of this court dated 05.01.2026.
4. The learned Counsel for Government of Tamil Nadu (Crl.side) submitted that e-filing of the charge sheet has been done and it is for the trial Court to take the charge sheet on file and no deficiency memo has been filed to show that there is any correction or rectification. The charge sheet has been kept
pending by the trial Court and the respondent police had completed filing of charge sheet.
5. Considering the submissions and on perusal of the materials it is seen that this petition is filed to recall the order passed by this Court on 05.01.2026 in Crl.O.P.No.35084 of 2025 for the reason that the copy application has been returned. For this reason, the order of this Court dated 05.01.2026 cannot be recalled. However, the petitioner is given with the liberty to file a fresh quash petition.
6. In view of the above this Criminal Miscellaneous Petition is dismissed. The learned Judicial Magistrate No.I, Tiruvallur is directed to give a report as to why the charge sheet filed by the respondent police in e-filing No. LTN202300598C202400135 on 10.12.2024 has not been taken on file for more than 1 1⁄2 years, on or before 15.06.2026.
08-06-2026 Index: Yes/No Speaking/Non-speaking order BKN
M.NIRMAL KUMAR, J.
BKN To:
1. The Deputy Superintendent of Police, CSCID, ChennaiNorth Police Station, Chennai.
Cr.No.05/2023.
2. Judicial Magistrate No.I, Tiruvallur
3. Public Prosecutor, Madras High Court.
in Crl.O.P.No.35084 of 2025 08-06-2026