Devadhas v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL.O.P (MD) No.5621 of 2025 and Crl.M.P (MD) No.4089 of 2025

1. Devadhas

2. P.Vinesh Raja ... Petitioners Vs.

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

Crime No.154 of 2009.

2. T.Thirumalai Kolunthu, (Father's Name Not Known) Then Sub Inspector of Police, Koodankulam Police Station, Tirunelveli District.

... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to call for the entire records pertaining to the F.I.R in Crime No.154 of 2009 on the file of the Inspector of Police, Koodankulam Police Station, Tirunelveli District and quash the same in respect of the petitioners. Page No. 1 of 4

For Petitioners : Mr.S.Balani For R-1 : Mr. M.Vaikkam Karunanithi Government Advocate (Crl. side)

O R D E R

This petition has been filed by the petitioners to quash the F.I.R in Crime No.154 of 2009 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, Valliyur 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, Valliyur 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. Considering the long pendency of the case, the learned Judicial Magistrate, Valliyur is directed to expedite the Page No. 2 of 4

proceedings based on the final report without any delay. 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 miscellaneous petition is also closed. 27.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac To

1. The Judicial Magistrate, Valliyur 1.The Inspector of Police, Koodankulam 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.5621 of 2025 and Crl.M.P (MD) No.4089 of 2025 27.03.2025 Page No. 4 of 4