Madras High CourtCRL OP(MD)/5834/2025closed

Arumugam Pillai v. The State Of Tamilnadu

2025-04-01Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.5834 of 2025 and CRL M.P.(MD) No.4254 of 2025 Arumugam Pillai ... Petitioner Vs.

1.The State of Tamil Nadu, Inspector of Police, Kulasekaram Police Station, Kanyakumari District.

(Crime No.12 of 2019) 2.E.Samson ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the records in Crime No.12 of 2019 on the file of the first respondent and quash the same as against this petitioner alone.

For petitioner :Mr.K.P.Narayanakumar For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) Page No. 1 of 4

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O R D E R

This petition is filed by the petitioner to quash the FIR in Crime No.12 of 2019 on the file of the first respondent as against this petitioner alone.

2. The learned Government Advocate (Crl.Side) for the first respondent would submit that the first respondent already filed the Final Report before the learned Special Judge, Special Court for trial under SC/ST (Prevention of Atrocities) Act, Nagercoil and the Special Court also took cognizance in Spl.S.C.No.73 of 2023. Hence, nothing survives for further adjudication in this petition.

3. Considering the prayer sought for in this petition, this Court, without issuing notice to the second respondent, is inclined to pass orders.

4. The prayer of the petitioner is to quash the FIR in Crime No.12 of 2019 and the first respondent also filed the Final Report before the learned Page No. 2 of 4

Special Judge, Special Court for trialunder SC/ST (Prevention of Atrocities) Act, Nagercoil. As per FIR, there are some allegations to constitute the offence.

5. In view of the same, recording the submission of the learned Government Advocate (Crl.Side), this Criminal Original Petition is closed, by preserving the liberty of the petitioner to challenge the Final Report, if he is aggrieved. Consequently, connected miscellaneous petition is closed.

01.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To 1.Inspector of Police, Kulasekaram Police Station, Kanyakumari District.

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

Page No. 3 of 4

P.DHANABAL,J apd Crl.OP(MD) No.5834 of 2025 01.04.2025 Page No. 4 of 4