Madras High CourtCRL OP/5735/2025dismissed as infructuous

N.M.Thiyagarajan v. The State Of Tamil Nadu, Represented By Inspector Of Police

2025-02-28Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.3721 of 2025 1.N.M.Thiyagarajan 2.T.Karthikeyan 3.T.Palanivel ... Petitioners Vs.

1.The State of Tamil Nadu Represented by Inspector of Police, R.K.Pet Police Station, Tiruvallore District.

Crime No.14/2024 2.M.L.Pichandi ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to call for the records relating to the impugned FIR in Crime No.14 of 2024 on the file of the first respondent and quash the same.

For Petitioners :

Mr.N.S.Siva Kumar For Respondents :

Mr.K.M.D.Muhilan Government Advocate [Crl.side]

O R D E R

Challenging the FIR in Crime No.14 of 2024 on the file of the first respondent and to quash the same, the petitioner had filed the present Criminal Original Petition.

2. The learned counsel for the petitioners submitted that the petitioners have already filed Crl.O.P.No.14636 of 2024 before this Court, seeking to quash the aforesaid FIR and at the time of admission, the learned Government Advocate (Crl.Side) submitted that on completion of investigation, final report had been filed by the first respondent police on 19.01.2024 and incriminating materials were available to prosecute the petitioners and others. Recording the said submissions, the said quash petition was dismissed on 25.06.2024.

3. Thereafter, the petitioners applied for a certified copy of the charge sheet before the Jurisdictional Magistrate Court, District-Munsif cum-Judicial Magistrate, Pallipet vide C.A.No.72/2024 on 07.08.2024 and it was returned with the reason "the description of documents not on

record". Again, the petitioners applied for a certified copy of the charge sheet on 19.12.2024 vide C.A.No.136 of 2024, which was again returned for the same reason. Hence, the petitioners have filed the present petition.

4. Even today, the learned Government Advocate appearing for the respondent police submitted that the investigation has been completed, as early as in the month of January 2025. He would also submit that, within 1 or 2 days, it will be taken cognizance of by the jurisdictional Court.

5. In view of the above, the prayer sought for in this petition cannot be granted, and after the final report in Crime No.14 of 2024 is taken cognizance of, the petitioners are entitled to a certified copy of the charge sheet.

6. Accordingly, this Criminal Original Petition is dismissed as having become infructuous.

28.02.2025 jd Index : Yes/No : Yes/No Speaking/non-speaking order To 1.The Inspector of Police, R.K.Pet Police Station, Tiruvallore District.

Crime No.14/2024 2.The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

jd 28.02.2025