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Madras High CourtCRL OP(MD)/6605/2025closed

Kanthasamy v. The State Of Tamilnadu

2025-04-09Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. OP(MD) No.6605 of 2025 and CRL. MP(MD) No.4828 of 2025 Kanthasamy ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by the Inspector of Police, Thondi Police Station, Thondi, Ramanathapuram District.

Crime No. 23 of 2018

2. Muthukumar ... 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 F.I.R in Crime No.23 of 2018 under Sections 294 (b), 324 and 506(ii) IPC pending on the file of the 1st respondent and quash the same in so far as the petitioner / Accused no.1 is concerned. For Petitioner : Mr. N. Balasubramanian For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) Page No. 1 of 4

O R D E R

This petition has been filed by the petitioner to quash the F.I.R in Crime No.23 of 2018 under Sections 294 (b), 324 and 506(ii) I.P.C pending on the file of the first respondent police.

2. The learned Government Advocate (Criminal Side) appearing for the first respondent would submit that already they have completed investigation and filed the final report before the Judicial Magistrate Court, Thiruvadanai. Therefore, nothing survives for further adjudication in this case.

3. Considering the prayer sought for in the petition and the case is filed for quashing the F.I.R in Crime No.23 of 2018 and already the first respondent has completed the investigation and filed the final report before the Judicial Magistrate Court, Thiruvadanai, and as per F.I.R, there are specific allegations to constitute the offences, therefore it is for the petitioner to challenge the final report in the manner known to law, if he is aggrieved. In view of the same, preserving the liberty of the petitioner to challenge the final report in the manner known to law, if he is aggrieved, Page No. 2 of 4

this Criminal Original Petition is closed. Consequently, connected criminal miscellaneous petition is also closed. 09.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac To

1. The Inspector of Police, Thondi Police Station, Thondi, Ramanathapuram District.

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

Page No. 3 of 4

P.DHANABAL, J.

Mac CRL. OP(MD) No.6605 of 2025 and CRL. MP(MD) No.4828 of 2025 09.04.2025 Page No. 4 of 4