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Madras High CourtCRL OP(MD)/4778/2025closed

Esakkidurai v. The State Of Tamil Nadu,

2025-03-14Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL.O.P(MD) No.4778 of 2025 and CRL.M.P.(MD) No.3413 of 2025

1. Esakkidurai

2. Abraham ... Petitioners Vs.

1. The State of Tamil Nadu, Represented by the Inspector of Police, Manur Police Station, Tirunelveli District.

(Crime No. 95 of 2025).

2. Ravi ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to call for the records of the impugned F.I.R dated 26.01.2025 in Crime No.95 of 2025 on the file of 1st respondent police and quash the same. For Petitioners : Mr.R.Muthuram For R1 : Mr. M.Sakthi Kumar Government Advocate (Crl. side) Page No. 1 of 4

O R D E R

This petition has been filed by the petitioners to quash the F.I.R in Crime No.95 of 2025 on the file of the first respondent police.

2. The Government Advocate (Criminal Side) appearing for the first respondent police would submit that already they completed the investigation in this case and filed the final report, and the same is pending before the learned Judicial Magistrate No.V, Tirunelveli for taking cognizance. Therefore, nothing survives for further adjudication in this case.

3. Since the prayer of the petitioners is only to quash the F.I.R, already the first respondent has completed the investigation and filed the final report before the learned Judicial Magistrate No.V, Tirunelveli and even as per the F.I.R, there are some allegations to constitute the offences, it is for the petitioners to challenge the final report in the manner known to law, if they are aggrieved. In view of the same, preserving the liberty of the petitioners to challenge the final report in the manner known to law, this criminal original petition is closed. Consequently, connected criminal Page No. 2 of 4

miscellaneous petition is closed.

14.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac To

1. The Inspector of Police, Manur Police Station, Tirunelveli District.

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

Page No. 3 of 4

P.DHANABAL,J.

Mac CRL.O.P(MD) No.4778 of 2025 and CRL.M.P.(MD) No.3413 of 2025 14.03.2025 Page No. 4 of 4