Madras High CourtCRL OP/8430/2025dismissed as infructuous

R.Arun Kumar v. The State Of Tamil Nadu Rep.By Its,The Inspector Of Police,

2025-03-24Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 8430 of 2025 and Crl.M.P.No.5540 of 2025 R.Arun Kumar .....

Petitioner Vs 1.The State of Tamil Nadu Rep.By Its, The Inspector of Police, Pallapatti Police Station, Salem City, Salem.

2.Sabeer .....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to the FIR under Crime No.304 of 2021 on the file of the Inspector of Police, Pallapatti Police Station, Pallapatti, Salem District the 1st respondent herein and quash the same.

For Petitioner : Mr.R.Muruga Bharathi For R1 : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed seeking to quash the FIR registered in Crime No.304 of 2021 on the file of the first respondent police for the offences under Sections 3(2)(a0, 4(2)(c), 5(1)(a), 7(1)(b) of the Immoral Traffic (Prevention) Act, 1956 and 506(i) of IPC.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent. Perused the materials available on record.

3. The learned counsel appearing for the petitioner submitted that the petitioner had already filed a petition in Crl.O.P.NO.25563 of 2021 to quash the FIR in Crime No.304 of 2021. However, the same was closed on the ground that the investigation has already been completed and final report has been filed as early as on 24.09.2022. Subsequently, the petitioner filed an application seeking a certified copy of the charge sheet and the same was returned on the ground that no charge sheet had been filed.

4. The learned Government Advocate (Crl.Side) appearing for the first respondent submitted that though the charge sheet was filed

on 24.09.2022, subsequently, it was returned for want of some corrections. Now, the final report has been re-presented and the same is pending on the file of the Additional Mahila Court, Salem, for taking cognizance.

5. In view of the above submissions, the prayer sought for in this petition cannot be considered. Accordingly, this Criminal Original Petition stands dismissed. However, the Judicial Magistrate, Additional Mahila Court, Salem, is directed to take cognizance on the final report filed by the first respondent in Crime No.304 of 2021, within a period of twelve weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. 24.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp G.K.ILANTHIRAIYAN, J.

Lpp

To 1.The Judicial Magistrate, Additional Mahila Court, Salem.

2.The Inspector of Police, Pallapatti Police Station, Salem City, Salem.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.8430 of 2025 24.03.2025