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Madras High CourtCRL OP(MD)/2966/2025disposed of

Athimoolam v. The Superintendent Of Police

2025-02-18Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.2966 of 2025 Athimoolam ... Petitioner vs.

1.The Superintendent of Police, O/o. The Superintendent of Police, Sivagangai.

2.The Inspector of Police, Pollathur Police Station, Sivagangai.

3.The Sub-Inspector of Police, Pollathur Police Station, Sivagangai.

... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to direct the second respondent to complete the investigation and to file a Final Report in Crime No.142 of 2023, on the file of the second respondent police, within a period that may be stipulated by this Court on the basis of the petitioner's representation dated 08.12.2023. Page No. 1 of 5

For petitioner : Mr.P.Uthayakumar for Mr.P.Ilaiyarasu For Respondents : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) *****

O R D E R

This petition has been filed by the petitioner to direct the second respondent police to complete the investigation and to file Final Report in Crime No.142 of 2023, on the file of the second respondent police within the stipulated time fixed by this Court by considering his representation dated, 18.12.2023.

2. When the matter is taken up for admission, the learned Government Advocate (Crl.Side) appearing for the respondents would submit that already they filed Negative Final Report before the learned Judicial Magistrate, Karaikudi on 15.02.2025.

3. At this juncture, the learned counsel for the petitioner would submit that so far, no notice was served in respect of returned charge sheet and the report was filed only after filing of this petition. Page No. 2 of 5

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

5. Considering the above said representation made by the learned counsel on both sides and considering the fact that already the Final Report was filed, it is for the petitioner to challenge the said Final Report in the manner known to law before the appropriate forum, if he is aggrieved.

6. With the above said observations and preserving the liberty of the petitioner to challenge the Final Report in accordance with law, this Criminal Original Petition is disposed of.

18.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd Page No. 3 of 5

To 1.The Superintendent of Police, O/o. The Superintendent of Police, Sivagangai.

2.The Inspector of Police, Pollathur Police Station, Sivagangai.

3.The Sub-Inspector of Police, Pollathur Police Station, Sivagangai.

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

Page No. 4 of 5

P.DHANABAL,J apd Crl.OP(MD) No.2966 of 2025 18.02.2025 Page No. 5 of 5