Madras High CourtCRL OP(MD)/5048/2025closed

R.Sundaramahalingam @ Sundar v. The State Of Tamil Nadu

2025-03-20Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL and Crl.M.P(MD)No.3668 of 2025 R.Sundaramahalingam @ Sundar ... Petitioner Vs

1. The State of Tamil Nadu, Rep by the Inspector of Police, Dhalavaipuram Police Station, Virudhunagar District.

Crime No.319/2024.

2. Aravinthan ... Respondents PRAYER: Criminal Original petitions have been filed under Section 528 of BNSS to call for the records relating to the FIR in Crime No. 319/2024 dated 28.10.2024 on the file of the first respondent /Inspector of Police, Dhalavaipuram Police Station, Virudhunagar District and Quash the same as against the petitioner.

For Petitioner : Mr.B.Anandan, For R1 : Mr.M.M.Vaikkam Karunanithi Government Advocate (Crl.Side) 1/4

O R D E R

This criminal original petition has been filed seeking to quash the FIR in Crime No.319 of 2024 dated 28.10.2024 on the file of the first respondent.

2.When the matter is taken up for hearing, the learned Government Advocate (Crl.Side) submitted that based on the complaint lodged by the second respondent, an FIR in crime No. 319 of 2024 has been registered, for the offences under Sections 296(b), 118(1) and 351(3) of BNS. After investigation, final report has been filed before the learned Judicial Magistrate No.I, Rajapalayam.

3.In reply, the learned Counsel for the petitioner would submit that so far the charge sheet has not been taken on file by the trial Court. While so it is for the trial Court to take appropriate decision on the charge sheet filed by the first respondent.

4.Since the prayer is to quash the FIR and now, the respondent police has already completed the investigation and filed final report and 2/4

as per 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 aggrieved.

5.In view of the same, preserving the liberty of the petitioner to challenge the final report in the manner known to law, this criminal original petition stands closed. Consequently, the connected miscellaneous petition is also closed.

20.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR To

1. The State of Tamil Nadu, Rep by the Inspector of Police, Dhalavaipuram Police Station, Virudhunagar District.

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

3/4

P. DHANABAL, J.

LR 20.03.2025 4/4