Madras High CourtCRL OP(MD)/3270/2025closed

Panchapikesan v. The State Of Tamilnadu

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.3270 of 2025 and Crl.M.P.(MD)No.2241 of 2025 Panchapikesan ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. by the Inspector of Police, Ariyamangalam Police Station, Trichy City.

Crime No. 17/2022.

2. Ganapathy ... Respondents PRAYER : Petition filed under Section 528 of BNSS 2023, to call for the records in FIR connection with Crime No. 17/2022 on the file of the 1st respondent police and quash the same insofar as above petitioner is concerned. For Petitioner :

Mr.S.Veerapandiselvaraj 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. 17/2022 on the file of the 1st respondent police, for the offences punishable under Sections 147, 294(b), 78 and 323 of IPC, 1860.

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 No.VI, Trichy, and the trial Court has also taken cognizance of the offence on file in STC No.2762 of 2024 and the same was posted on 07.03.2025 for appearance of the accused 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 first respondent, 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, Ariyamangalam Police Station, Trichy City.

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.3270 of 2025 Dated:

21.02.2025 4/4