K.Nadimuthu v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Nadimuthu .....

Petitioner Vs 1.State Rep By its The Inspector of Police, CCB, Coimbatore City, Crime No.72 of 2016 2.Anandan 3.Manikandan .....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records and set aside the final report in C.C.No.FR-30/2022 dated 16.05.2023 on the file of the Learned Judicial Magistrate-VII, Coimbatore and for a consequential direction to transfer the investigation in Crime in FIR No.72 of 2016 pending on the file of the Respondent Police to any other investigating agency and to submit a fresh final report in a time bound manner.

For Petitioner : Mr.B.Prashanth Nadaraj For R1 : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed challenging the closure report filed by the first respondent in Crime No.72 of 2016, dated 16.05.2023.

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

3. It is seen that the present petition is not maintainable, since the petitioner has an alternate remedy by way of filing a protest petition before the concerned Court.

4. In view of the above, this Criminal Original Petition stands dismissed. However, the petitioner is at liberty to file a protest petition challenging the closure report in Crime No.72 of 2016, dated 16.05.2023 before the Judicial Magistrate No.VII, Coimbatore, within a period of two weeks from the date of receipt of a copy of this order. 08.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp

To 1.The Judicial Magistrate-VII, Coimbatore 2.The Inspector of Police, CCB, Coimbatore City.

3.The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.10532 of 2025 08.04.2025