Madras High CourtCRL OP/11939/2025dismissed

J.Kamalakannan Alias Kamalanathan v. State Rep By

2025-04-22Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl. O.P. No.11939 of 2025 and Crl. M.P. No. 7956 of 2025

1. J.Kamalakannan @ Kamalanathan

2. K. Yuvaraj ... Petitioners Vs

1. State, Rep.by Inspector of Police, B7, Vellavedu Police Station, Thiruvallur District.

2. Sadagopan ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to call for the records and quash the FIR registered in Crime No. 246 of 2019 on the file of the respondent police on 26.06.2019 as no final report could be filed in view of the limitation Prescribed under Section 468 of Cr.P.C.

For Petitioner : Ms. K. Malathi For R1 : Mr. A. Gopinath, Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to quash the FIR registered in Crime No. 246 of 2019 on the file of the first respondent.

2. Earlier, this Court by order dated 09.01.2025 in Crl.O.P.No.29751 of 2024 dismissed the petition on the ground that already investigation has been completed and filed a final report on 05.12.2024 before the Judicial MagistrateII, Poonamallee.

3. Learned counsel for the petitioner would submit that, in order to defeat the rights of the petitioners, the first respondent filed a final report through e-filing and the same has not been taken cognizance so far.

4. Mr. A. Gopinath, learned Government Advocate appearing for the first respondent would submit that though the first respondent filed final report on 05.12.2024 subsequently, it was returned for some corrections. Now it has been represented before the Judicial Magistrate-II, Poonamallee.

5. In view of the above, the prayer sought for in this petition cannot be considered.

6. Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed.

7. However, the learned Judicial Magistrate-II, Poonamalle is directed to take cognizance on the final report filed by the first respondent in Crime No.246 of 2019 within a period of two weeks from the date of receipt of copy of this order, if it is otherwise in order. 22.04.2025 Index:Yes/No AT To

1. The Inspector of Police, B7, Vellavedu Police Station, Thiruvallur District.

2.The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, AT Crl. O.P. No.11939 of 2025 and Crl. M.P. No. 7956 of 2025 22.04.2025