R.Yuvaraj v. State Rep. By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.17755 of 2025 R.Yuvaraj ... Petitioner Vs

1. State represented by, The Inspector of Police, J2 Police Station, Adyar, Chennai -20.

2. K.Dhileep Kumar ... Respondents PRAYER:

Criminal Original Petition filed under Section 528 of BNSS 2023, to call for the records pending on the file of the respondent-Police namely the Inspector of Police, J2, Police Station, Adyar in Crime No.7 of 2016 and to quash the same.

For Petitioner : M/s.D.Kanaka Lakshmi For R1 : Dr.C.E.Pratap Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to call for the records pertaining to the Crime No.7 of 2016 pending on the file of the first respondent-Police namely the Inspector of Police, J2, Police Station, Adyar and to quash the same.

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

3. Though F.I.R in Crime No.7 of 2016 has been registered as against the accused for the offences under Sections 379 and 511 of IPC on 02.01.2016, the respondent-Police has neither completed the investigation nor filed a final report and the same is pending till date without any progress. When the matter was taken up for hearing on 20.06.2025, this Court directed the respondent-Police to file a status report. The respondent Police has filed a counter wherein, it has been stated as follows:

" The said Cr.No.7 of 2016, under sections 379 and 511 of the IPC was registered on 02.01.2016 and the accused persons A1 and A2 were arrested and remanded. At the time, the former Investigating Officer Tr.Kumaraia, the then Sub Inspector of Police had given this FIR as a Non Daily Situation Report and does not file a final charge sheet. Then after several Investigating Officers could follow this case because, this case was not entered in FIR index since 2017. This is the reason for not to file a final report before the concerned Court."

4. As per Police Standing Order, a copy of the F.I.R should be sent to the court forthwith, without any unreasonable delay, soon after its registration. However, in this case, the said F.I.R has not been forwarded to the court concerned for the past nine years.

5. Considering the submissions made by the learned counsel on either side and also considering the fact that the final report has not yet been filed, this Court is inclined to quash the said F.I.R. Accordingly, F.I.R in Crime No.7 of 2016 on the file of the first respondent-Police is hereby quashed.

6. In view of the above, this Criminal Original Petition is allowed.

01.07.2025 mfa Index:Yes/No Speaking Order: Yes/No To 1.The Inspector of Police, J2 Police Station, Adyar, Chennai -20.

2. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa Crl.O.P.No.17755 of 2025 01.07.2025