R.Rakesh v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.11.2025
CORAM:
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA
1. R.Rakesh
2. Tamilvanan
3. Sangeetha
4. Sriram ... Petitioners Vs.
1. The State Represented by the Inspector of Police R1 Police Station Mambalam, T.Nagar, Chennai
2. C.Dinesh ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, to set aside the return docket order passed in C.A.No.5720 of 2025 filed in Crime No.126 of 2024 and consequently direct the learned XVII Metropolitan Magistrate, Saidapet, to decide on taking cognizance of the final report filed by the respondent police in Crime No.126 of 2024 on the file of R1, Mambalam Police Station after subject to satisfaction as regards to commission of offences by the accused or reject the final report, as the 1/6
case may be.
For Petitioners : Mr.P.L.Narayanan, Senior Advocate Assisted by Mr.Hariharan.E For R1 : Mr.K.M.D.Muhilan Additional Public Prosecutor
O R D E R
This Criminal Original Petition has been filed to set aside the return docket order passed in C.A.No.5720 of 2025 filed in Crime No.126 of 2024 and consequently direct the learned XVII Metropolitan Magistrate, Saidapet, to decide by taking cognizance of the final report, filed by the st respondent respondent police in Crime No.126 of 2024, on the file of the 1 police, subject to satisfaction as regards to commission of offences by the accused or reject the final report, as the case may be.
2. The learned counsel for the petitioners would submit that the petitioners had applied for copies of the final report before the learned XVII Metropolitan Magistrate, Saidapet, in C.A.No.5720 of 2025. However, the same had been returned stating that the final report was not filed. He would 2/6
further submit that on earlier occasion, the de facto complainant/2 nd respondent namely Dinesh had filed a petition before this Court in Crl.O.P.No.18987 of 2025, seeking transfer of investigation in Crime No.126 of 2024 dated 19.05.2024 from the file of the first respondent herein to any other police station. When the said case came up before this Court on 08.07.2025, it was reported by the learned Government Advocate (Crl. Side) that the final report was already filed before the XVII Metropolitan Magistrate, Saidapet, Chennai and therefore, said petition was dismissed. However, till date, no final report has not been filed.
3. At this juncture, the learned Additional Public Prosecutor appearing for the first respondent police would reiterate that the final report was already filed on 08.07.2025 under Ref.No.CCLTN20220002538C202500088 (S.R.No.17523/2025 dated 09.07.2025) and it is yet to be numbered.
4. In view of the above, the learned XVII Metropolitan Magistrate, Saidapet, is directed to number the final report if it is otherwise in order and proceed further in accordance with law.
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5. With the above directions, this Criminal Original Petition is disposed of.
21.11.2025 ksa-2 To
1. The XVII Metropolitan Magistrate, Saidapet, Chennai
2. The Inspector of Police R1 Police Station, Mambalam, T.Nagar, Chennai 3.The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA , J.
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