Madras High CourtCRL OP(MD)/6385/2025closed

C.Murugaraj v. The State Of Tamilnadu

2025-04-07Honourable Mr. Justice P.Dhanabal3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. OP(MD) No.6385 of 2025 C. Murugaraj ... Petitioner Vs.

1. The Deputy Superintendent of Police, Theni, Theni District.

2. The Inspector of Police, Bodinayakkanur Town Police Station, Theni District.

Crime No.318 of 2024.

... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to direct the respondent to file the final report in Crime No.318 of 2024 on the file of the respondent within the stipulated time as fixed by this Court. For Petitioner : Ms.M.Abinaya For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

O R D E R

This petition has been filed by the petitioner to direct the Page No. 1 of 3

respondent to file the final report in Crime No.318 of 2024 on the file of the respondent.

2. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that they already filed the closure report before the Trial Court as 'mistake of fact' and the petitioner was also served the notice. Now the case is pending before the Special Court.

3. Consider the prayer sought for in the petition, the respondent police has also filed the closure of the complaint as 'mistake of fact', it is for the petitioner to challenge the same in the manner known to law. Therefore, no further order is required to be passed in this case. In view of the same, preserving the liberty of the petitioner to challenge the closure of the FIR in the manner know to law, if he is aggrieved, this Criminal Original Petition is closed.

07.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac Page No. 2 of 3

P.DHANABAL, J.

Mac To

1. The Deputy Superintendent of Police, Theni, Theni District.

2. The Inspector of Police, Bodinayakkanur Town Police Station, Theni District.

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

CRL. OP(MD) No.6385 of 2025 07.04.2025 Page No. 3 of 3