Madras High CourtCRL OP(MD)/2171/2025disposed of

Edison v. The State Of Tamilnadu

2025-02-04Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 04.02.2025

CORAM:

THE HON'BLE MR.JUSTICE P. DHANABAL Edison .. Petitioner Vs.

The State rep., by The Inspector of Police, Arumuganari Police Station, Thoothukudi District.

Crime No.405 of 2023 .. Respondent Prayer : Petition is filed under Section 528 of BNSS to direct the respondent to file a final report in Crime No.405 of 2024. For Petitioner : Mr.V.Thiyagarajan For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This petition is filed by the petitioner to direct the respondent to file a final report in Crime No.405 of 2024.

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2. The learned counsel appearing for the petitioner submitted that the petitioner is the defacto complainant, based on his complaint, the respondent had registered case in Crime No.405 of 2024 for the offence under Sections 126(2), 115(2) and 351(3) of BNSS and the same is pending before the respondent. The respondent has not taken any steps to alter the FIR adding the necessary accused namely Kirupa and Inbanayaki and so far, he has not completed the investigation and filed final report. Therefore, the present petition.

3. The learned Additional Public Prosecutor appearing for the respondent would submit that there is a family dispute pending between the parties and there is a case and case in counter. He further submitted that investigation is going on and sought two months time to file a final report.

4. Heard both sides. With the consent of both sides, this petition is taken up for final disposal at the admission stage itself. 2/4

5. It is admitted fact that based on the complaint given by the petitioner/defacto complainant, the respondent registered an FIR in Crime No.405 of 2024 for the offence under Sections 126(2), 115(2) and 351(3) of BNS and the case is under investigation. At this stage, the petitioner had filed this petition to complete investigation and file final report. The learned Additional Public Prosecutor sought time to file final report because there is a case and case in counter. Considering the rival submissions and facts and circumstance of the case and the nature of the offence, the respondent is directed to file a final report in Crime No.405 of 2024 within one month from the date of receipt of a copy of this order.

6. With the above direction, this Criminal Original Petition is disposed of.

04.02.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No Rmk 3/4

P. DHANABAL ,J.

Rmk To:

1.The Inspector of Police, Arumuganari Police Station, Thoothukudi District.

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

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