Madras High CourtCRL OP(MD)/3190/2025closed

Krishnakumar v. The State Of Tamil Nadu

2025-02-21Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL Crl.O.P.(MD)No.3190 of 2025 and Crl.M.P.(MD)No.2154 of 2025 Krishnakumar ... Petitioner Vs.

1. The State of Tamil Nadu, Rep by the Inspector of Police, Thallakulam Police Station, Madurai City and District.

Crime No. 760/2024

2. Amutha ... Respondents PRAYER : Petition filed under Section 528 of BNSS 2023, to call for the records in FIR in Crime No. 760 of 2024 on the file of the 1st respondent police, Thallakulam Police station, Madurai District to quash the same as illegal. For Petitioner :

Mr.K.Neelamegam For Respondents :

Mr.M.VAikkam Karunanithi (R1) Government Advocate 1/4

ORDER

This criminal original petition has been filed to quash the FIR in Crime No. 760 of 2024 on the file of the 1st respondent police, Thallakulam Police station, Madurai District, for the offences punishable under Sections 296(b), 78 and 351(1) of BNS, 2023.

2. Considering the nature of the order going to be passed in this petition, notice to the second respondent is dispensed with.

3. When the matter is taken up for hearing, the learned Government Advocate appearing for the respondent police would submit that the respondent police has completed the investigation and filed a charge sheet / final report, before the Judicial Magistrate, Alangulam, and the trial Court has also taken cognizance of the offence on file in CC No.372 of 2024 and hence, the petitioner has to challenge the charge sheet, if he is advised to do so. 2/4

4. Since the prayer of the petitioner is only to quash the FIR and considering the fact that the respondent police, after elaborate investigation, filed a charge sheet and even as per the FIR, there are some allegations to constitute the offences, it is for the petitioner to challenge the final report in the manner known to law, if he is advised to do so. Preserving such liberty to the petitioner to challenge the final report in the manner known to law, this criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed.

21.02.2025 Index :

Yes / No sm TO:-

1. The Inspector of Police, Thallakulam Police Station, Madurai City and District.

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

3/4

P.DHANABAL, J.

sm Order made in Crl.O.P.(MD)No.3190 of 2025 Dated:

21.02.2025 4/4