Madras High CourtCRL OP(MD)/5909/2025closed

Mathiyalagan v. The State Of Tamil Nadu,

2025-04-01Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.5909 of 2025 and CRL M.P.(MD) No.4309 of 2025 Mathiyalagan ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by the Inspector of Police, District Crime Branch, Thanjavur District.

(Crime No.4 of 2024) 2.Nagarajan ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the records in Crime No.4 of 2024 on the file of the first respondent and quash the same as against the petitioner.

For petitioner :Mr.S.Suresh Page No. 1 of 4

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

O R D E R

This petition is filed by the petitioner to quash the FIR in Crime No.4 of 2024 on the file of the first respondent as against this petitioner alone.

2. The learned Government Advocate (Crl.Side) for the first respondent would submit that based on the complaint given by the second respondent, they conducted enquiry and filed the Final Report before the learned Judicial Magistrate, Thanjavur. Hence, nothing survives for further adjudication in this petition.

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

4. The prayer of the petitioners is to quash the FIR in Crime No.4 of 2024 and the first respondent also filed the Final Report before the learned Judicial Magistrate, Thanjavur. As per FIR, there are some allegations to Page No. 2 of 4

constitute the offences.

5. In view of the same, recording the submission of the learned Government Advocate (Crl.Side), this Criminal Original Petition is closed. The petitioner is at liberty to challenge the Final Report in the manner known to law, if he is aggrieved. Consequently, connected miscellaneous petition is closed.

01.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To

1. The Inspector of Police, District Crime Branch, Thanjavur District.

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

Page No. 3 of 4

P.DHANABAL,J apd Crl.OP(MD) No.5909 of 2025 01.04.2025 Page No. 4 of 4