Eswaran @ Esa v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN

1. Eswaran @ Esa

2. S.Yuvaraja @ Eli ... Petitioners Vs.

State Rep by, The Inspector of Police, H-5, New Washermenpet Police Station, Chennai - 600 081.

... Respondent PRAYER:

Criminal Original Petition filed under Section 528 of BNSS, to call for the records and papers relating to Crime No.207 of 2023 on the file of the Inspector of Police, H5, New Washermenpet Police Station, Chennai and quash the same.

For Petitioners : Mr.M.G.Martin Manivannan For Respondent : Mr.S.Sugendran Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to call for the records and papers relating to Crime No.207 of 2023 on the file of the respondent police and quash the same.

2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.

3. It is the contention of the petitioners that the petitioners are arrayed as accused 1 and 2 in the said crime number. The respondent police has not filed final report even after one year. Further, no prima facie allegations are made out as against the petitioners. Based on the confession statement of the co-accused, the petitioners were arrested by the respondent police and the validity of the confession statement can be decided only at the time of trial.

4. Considering the facts and circumstances of the case, this Court directs the respondent police to complete the investigation in Crime No.207 of 2023 on the file of the respondent police and file a charge sheet before the jurisdictional magistrate within a period of three months from the date of receipt of a copy of this order.

5. With the abovesaid direction, this Criminal Original Petition is dismissed.

19.11.2024 mfa Index:Yes/No Speaking Order: Yes/No TO

1. The Inspector of Police, H-5, New Washermenpet Police Station, Chennai - 600 081.

2. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J.

mfa 19.11.2024