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Madras High CourtCRL OP/31934/2024dismissed

Hemanth Raja v. State Rep. By, The Inspector Of Police

2024-12-20Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN and Crl.M.P.No.18266 of 2024 ... Petitioners

1. Hemanth Raja

2. Dhishon Vs.

State represented by The Inspector of Police, P-1, Pulianthope Police Station, Chennai.

... Respondent PRAYER:

Criminal Original Petition filed under Section 528 of BNSS, to call for the records of F.I.R in Crime No.363 of 2024 on the file of the respondent and quash the same.

For Petitioners : Mr.R.Rajarajan 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 pertaining to F.I.R in Crime No.363 of 2024 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 police and perused the materials available on record.

3. Admittedly, F.I.R in Crime No.363 of 2024 has been registered for the offence under Sections 8(c) and 20b(ii)(A) of NDPS Act 1985 and 123 of BNS 2023, as against the petitioners and the same is pending. F.I.R is not an encyclopaedia and it sets the law in motion. Investigation only would reveal the actual commission of offence.

4. It is submitted by the learned Additional Public Prosecutor that investigation has been completed and awaiting for the forensic lab report. He further submitted that the charge sheet would be filed after receipt of the forensic lab report .

5. Under the above facts and circumstances, this Court is not inclined to quash the F.I.R. Hence, the criminal original petition is dismissed. Consequently connected miscellaneous petition is closed. The respondent police is directed to file the charge sheet as early as possible, after receipt of the forensic lab report. 20.12.2024 mfa Index:Yes/No Speaking Order: Yes/No To

1. The Inspector of Police, P-1, Pulianthope Police Station, Chennai.

2. The Public Prosecutor High Court, Chennai.

P.VELMURUGAN, J.

mfa and Crl.M.P.No.18266 of 2024 20.12.2024