A. Santhoshkumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.6131 of 2025 and CRL M.P.(MD) No.4477 of 2025 A.Santhosh Kumar ... Petitioner Vs.

1.The State of Tamil Nadu rep. by the Sub-Inspector of Police, Cholapuram Police Station, Thanjavur District.

(Crime No.254 of 2023) 2.G.Sargunan The Sub-Inspector of Police, Cholapuram Police Station, Thanjavur District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the records pertaining to the impugned FIR in Crime No.254 of 2023 dated 07.04.2023 on the file of the respondent No.1 registered u/s 379 of IPC and 21(1) of the Mines and Minerals (Development & Regulation) Act, 1957 and quash the same as illegal as far as the petitioner is concerned. Page No. 1 of 4

For petitioner : Mr.T.Thirumurugan For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) *****

O R D E R

This petition has been filed by the petitioner to quash the FIR in Crime No.254 of 2023 dated 07.04.2023 on the file of the first respondent police in so far as the petitioner is concerned.

2. The learned Government Advocate (Crl.Side) for the first respondent would submit that they already completed investigation and filed Final Report and the same is pending before the learned Judicial Magistrate, Thiruvidaimaruthur. Therefore, nothing survives for further adjudication.

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

4. Since the prayer of this petition is to quash the FIR in Crime No. 254 of 2023 and now, the first respondent filed Final Report and also, as Page No. 2 of 4

per FIR, there are some allegations to constitute of offence against the petitioner, 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, this Criminal Original Petition is closed. Consequently, connected miscellaneous petition is closed. 03.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To 1.The Sub-Inspector of Police, Cholapuram Police Station, Thanjavur District.

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

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P.DHANABAL,J apd Crl.OP(MD) No.6131 of 2025 03.04.2025 Page No. 4 of 4