Madras High CourtCRL OP(MD)/1931/2025disposed of

A.Robert Rajendran @ Rabert v. The State Of Tamilnadu

2025-02-06Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Crl.O.P(MD)No.1931 of 2025 and Crl.M.P(MD) No.1307 of 2025 A.Robert Rajendran @ Rabert ... Petitioner Vs

1. The State of Tamilnadu, Represented by the Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli District.

Crime No. 39/2024

2. Xxxxx

...Respondents

PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to call for the entire records pertaining to the case in Crime No. 39 of 2024 on the file of the 1st respondent police herein and quash the same as against the petitioner For Petitioner : Mr.R.Anand For Respondent :

For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side) Page No. 1 of 4

O R D E R

This criminal original petition has been filed by the petitioner to quash the F.I.R in Crime No.39 of 2024 on the file of the first respondent police.

2. According to the petitioner, he is a teacher working in School. While so, a false complaint has been lodged against the petitioner and the respondent police has also registered the false complaint in Crime No.39 of 2024 for the offences under Sections 11(1), 12 of Protection of Child from Sexual Offences Act, 2012 and 296(b) of BNS, 2023. In fact, no occurrence was happened and even as per the F.I.R, there are no ingredients to constitute the offence. Therefore, the pending F.I.R is liable to be quashed.

3. The learned Additional Public Prosecutor (Criminal Side) appearing for the first respondent would submit that based on the complaint given by the defacto complainant, F.I.R has been registered. Thereafter, they conducted a proper investigation and now, the charge sheet has been filed and taken on file by the Trial Court. Page No. 2 of 4

4. Head both sides and perused the materials on record.

5. Since the matter has already been investigated, and final report has been filed and there are no records before Court in respect of the final report. Preserving the right of the petitioner to challenge the final report, this Criminal Original Petition is disposed of. No costs. Consequently, connected Criminal Original Petition is also closed. 06.02.2025 Internet :Yes Index :Yes/No NCC :Yes/No mac Page No. 3 of 4

P.DHANABAL , J.

mac To

1. The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli District.

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

Crl.O.P(MD)No.1931 of 2025 and Crl.M.P(MD) No.1307 of 2025 06.02.2025 Page No. 4 of 4