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Madras High CourtCRL OP/9628/2025dismissed as infructuous

Ibrahim Basha v. The State Rep By Inspector Of Police

2025-04-02Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 9628 of 2025 1.Ibrahim Batsha 2.Sameera ... Petitioners Vs.

1.The State rep by The Inspector of Police, Mangalamedu Police Station, Perambalur District.

Crime No.392 of 2018.

2. Mohamed Yousuf .. Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to call for the records of the FIR in Crime No.392 of 2018 dated 21.09.2018 on the file of the 1st respondent and quash the same.

For Petitioner : Mr.S.N.Subramani For Respondents : Mr. A.Gopinath Government Advocate (Crl. Side)

O R D E R

This petition has been filed calling for the records to quash the FIR in Crime No.392 of 2018 dated 21.09.2018 on the file of the first respondent Police.

2. Heard the learned counsel on either side and perused the materials placed on record.

3. The learned Government Advocate (Crl.Side) would submit that the first respondent had completed the investigation and filed a final report on 31.10.2018 in Crime No.392 of 2018 and it is pending on the file of the learned Judicial Magistrate, Perambalur and the same has not been taken cognizance. Therefore, no investigation is pending on the file of the first respondent.

4. Recording the same, this petition is dismissed as infructuous. However, the trial Court is directed to take cognizance on the final report filed by the first respondent in Crime No.392 of 2018 within a period of two months from the date of receipt of a copy of this order.

5. Accordingly, this Criminal Original Petition is dismissed as infructuous.

02.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order drl To

1. The Inspector of Police, Mangalamedu Police Station, Perambalur District.

2. The Public Prosecutor, High Court, Madras.

3. The Judicial Magistrate, Perambalur.

G.K.ILANTHIRAIYAN, J.

drl 02.04.2025