Anbu v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Anbu ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by, The Superintendent of Police, Office of the Superintendent of Police, Thanjavur District.

2.The Inspector of Police, Town East Police Station, Thanjavur.

Crime No.243 of 2024.

... Respondents Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S., 2023, to direct the second respondent to file a final report in Crime No.243 of 2024 on the file of the second respondent police within a stipulated period fixed by this Court and pass such other orders as this Court. For Petitioner : Mr.M.Gandhirajan 1/5

For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the second respondent to file a final report in Crime No.243 of 2024 on the file of the second respondent police.

2. According to the petitioner, the petitioner is the brother of the deceased and the de facto complainant in this case and a case in Crime No.243 of 2024 under Section 174 of the Code of Criminal Procedure, 1973 was registered for the death of his sister Selvam and thereafter, the daughter of the deceased lodged a complaint before the second respondent on 26.02.2024 and thereafter, the respondents have not conducted proper investigation and not filed any final report till date. Therefore, the petitioner filed this petition.

3. The learned Government Advocate (Crl. Side) appearing for the respondents would submit that already they conducted investigation and closed the same as action dropped and report also filed before the concerned Judicial 2/5

Magistrate Court. On 04.07.2024, RCS notice also served to the de facto complainant and on 22.01.2025, they filed online charge sheet before the Magistrate. Therefore, nothing survives for further adjudication in this case.

4. Since the prayer of the petitioner is to complete the investigation and to file final report and the respondents also already completed investigation and filed final report and the same is pending before the learned Magistrate, it is for the petitioner to approach the concerned Magistrate Court for seeking appropriate remedy by way of filing protest petition.

5. In view of the same, this Criminal Original Petition stands closed by preserving the liberty of the petitioner to approach the learned Magistrate in the manner known to law.

05.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR 3/5

To 1.The Superintendent of Police, Office of the Superintendent of Police, Thanjavur District.

2.The Inspector of Police, Town East Police Station, Thanjavur.

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

4/5

P.DHANABAL, J.

BTR 05.03.2025 5/5