.K.John Jaya Prakash v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2025

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN and Crl.M.P.(MD) Nos.6010 & 6012 of 2025 K.John Jaya Prakash ... Petitioner Vs.

1.State of Tamil Nadu Represented by Inspector of Police, M.Reddiapatti Police Station, Virudhunagar.

(Crime No.33 of 2024) 2.Palraj ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, 2023 to call for the records pertaining to the Final Report in S.T.C.No.173 of 2025 on the file of the learned Judicial Magistrate Court, Aruppukottai, Virudhunagar District in Crime No.33 of 2024 dated 09.04.2024 on the file of the first respondent and quash the same as illegal as against the petitioner alone. For Petitioner : M/s.T.Seeni Syed Amma for M/s.Roy and Roy Associates Page No. 1 of 4

For R1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R2 : Mr.SI.Muthiah

O R D E R

This Criminal Original Petition has been filed to quash the final report taken on file in S.T.C.No.173 of 2025 on the file of the learned Judicial Magistrate, Aruppukottai, Virudhunagar District.

2. The petitioner, who was arrayed as A2 in the FIR, was deleted from the charge sheet filed by the first respondent police. The charge sheet has been filed only against one Christopher, who is the sole accused in this case. It appears that on a protest petition filed by the second respondent/defacto complainant, the learned Judicial Magistrate issued summons to the petitioner also. However, the order, pursuant to which the petitioner was summoned, has not been produced before this Court.

3. In view of the facts stated above, this Court is of the view that the impugned final report, which has not arrayed the petitioner as an accused, cannot be quashed at the instance of the petitioner. If the petitioner is aggrieved by any subsequent order of the learned Judicial Magistrate Page No. 2 of 4

making him an accused, it is open to the petitioner to challenge the said order by way of a separate petition.

4. With the above liberty, this Criminal Original Petition is closed. Consequently, the connected Miscellaneous Petitions are also closed. 02.09.2025 JEN Index: Yes/ No Speaking Order/Non-Speaking Order Copy To:

1.The Judicial Magistrate, Aruppukottai, Virudhunagar District.

2.The Inspector of Police, M.Reddiapatti Police Station, Virudhunagar.

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

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SUNDER MOHAN , J.

JEN and Crl.M.P.(MD) Nos.6010 & 6012 of 2025 02.09.2025 Page No. 4 of 4