Ramesh v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P.(MD) No.1960 of 2025 and CRL. M.P.(MD)No.1335 of 2025 1.Ramesh 2.Sarathkumar ... Petitioners/Accused Nos.1 & 2 vs.

1.State of Tamil Nadu rep. by the Inspector of Police, Lalgudi City Police Station, Trichy.

(Cr.No.421 of 2018) 2.Ramalingam ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the records pertaining to the First Information Report in Crime No.421 of 2018 on the file of the first respondent police and quash the same as against these petitioner as illegal.

Page No. 1 of 5

For petitioners : Mr.S.B.Kayvin Prince For Respondents :Mr.K.Sakthi Kumar, Government Advocate (Crl) for R1 *****

O R D E R

This petition has been filed by the petitioners to quash the First Information Report in Crime No.421 of 2018 on the file of the first respondent police.

2. The learned counsel for the petitioners would submit that based on the complaint given by the second respondent, FIR has been registered in Cr.No.421 of 2018 for the offences under Sections 379 of IPC and 21(1) of the Mines and Minerals (Development and Regulations) Act, 1957. The value of the property is only Rs.200/-. However, the first respondent police has not filed any charge sheet for the last six years. Hence, this case is barred by limitation under Section 468 of Cr.P.C. Further, even according to the contents of the FIR, no offences are made out. Therefore, this petition is liable to be quashed.

3. The learned Government Advocate (Crl) for the first respondent police would submit that based on the complaint given by the second Page No. 2 of 5

respondent, the first respondent police registered the case in Cr.No.421 of 2018 and the offences are serious in nature. Already, they concluded the investigation and charge sheet has been filed. As per the Final Report, there are some material facts available adverse to the petitioners. Hence, this petition is liable to be dismissed.

4. This Court heard both sides and perused the records.

5. Already, the charge sheet has been filed and the present petition is filed to quash the FIR. However, this Court has no occasion to peruse the materials filed along with the charge sheet. While so, it is for the petitioners to challenge the Final Report in the manner known to law, if they are aggrieved.

6. With the abovesaid observations, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. 06.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd Page No. 3 of 5

To 1.The Inspector of Police, Lalgudi City Police Station, Trichy.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Page No. 4 of 5

P.DHANABAL,J apd Crl.OP(MD) No.1960 of 2025 06.02.2025 Page No. 5 of 5