Madras High CourtCRL OP/13945/2025dismissed

S.Mohanraj v. The State Rep By, The Inspector Of Police,

2025-06-17Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 17.06.2025 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.O.P.No.13945 of 2025 & Crl.M.P.No.9343 of 2025 -- Mr.S.Mohanraj .. Petitioner Vs.

1.State Rep. by the Inspector of Police, District Crime Branch, Villupuram, (Crime No.03 of 2025) 2.Aadhavan .. Respondents Criminal Original Petition filed under Section 528 of BNSS, to call for the records in Crime No.3 of 2025, on the file of the first respondent and quash the same.

For petitioner : Mr.K.Thenrajan For respondents: Dr.C.E.Pratap Government Advocate (Criminal Side) for R1

ORDER

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The petitioner has filed the present Criminal Original Petition seeking to quash the FIR in Crime No.3 of 2025 on the file of the 1st respondent police.

2. The second respondent herein filed a petition under Section 156(3) of the Code of Criminal Procedure before the learned Judicial Magistrate No.I, Villupuram, in C.M.P.No. 83 of 2025, seeking a direction to register an FIR against the petitioners. The learned Magistrate, by order dated 18.02.2025, allowed the said petition and directed registration of the case. Challenging that order, the petitioners have filed a Criminal Revision Petition, which is pending consideration. In the meantime, the FIR came to be registered pursuant to the said order. Aggrieved thereby, the petitioners have filed the present Criminal Original Petition seeking to quash the FIR.

3. In view of the fact that the petitioner has already challenged the order passed by the learned Magistrate by filing a Criminal Revision Petition, the present petition seeking to quash the FIR in Crime No.3 of 2025 is not maintainable. Accordingly, this Criminal Original Petition is dismissed, granting liberty to the petitioner to pursue the pending revision. If the petitioner is aggrieved by any order that may be passed in the said revision, it is open to him to work out his remedies in accordance with law.

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4. With the above observations, this Criminal Original Petition stands dismissed.

17.06.2025 r n s Index : Yes/No Speaking Order : Yes/No 3 / 4

P.VELMURUGAN, J r n s To

1. The Inspector of Police, District Crime Branch, Villupuram, (Crime No.03 of 2025)

2. The Public Prosecutor, Madras High Court, Chennai.

Crl.O.P.No.13945 of 2025 & Crl.M.P.No.9343 of 2025 17.06.2025 4 / 4