Madras High CourtCRL OP(MD)/9268/2025dismissed

R.Prabakar v. State Of Tamilnadu Rep By Inspector Of Police, Kanyakumari

2025-06-05Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2025

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI and Crl.M.P.(MD)No.6734 of 2025

1. R.Prabakar

2. S.Dinesh Moorthy

3. T.Sundararaj

4. T.Ramesh

5. Rajesh

6. T.Sasikumar @ Sasi

7. R.Rabikumar @ Ravi Kumar

8. S.Suyambu

9. M.Vinesh

10. Vinoth

11. Bhabin ... Petitions 1 to 11/Accused 1 to 11

12. A.Mahesh ... Petitioner No.12/3rd party versus

1. The State of Tamilnadu, Rep. By the Inspector of Police, Colachel Police Station, Kanyakumari District.

2. Jeganathan ... Respondents Prayer : Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to the proceedings in FIR No.248 of 2024 on the file of the 1st respondent Police and quash the 1/4

same as it has no prima facie case as against the petitioners. For Petitioners : Ananth C.Rajesh For R1 : Mr.P.Kottaichamy, Government Advocate (Crl. Side)

ORDER

The petitioners have moved this petition seeking to quash the FIR in Crime No.248 of 2024, which was registered against them for the offences under Sections 191(2), 324(2), 351(2) of BNS, 2023 on the file of the respondent Police.

2. When this petition is taken up for hearing, the learned Government Advocate (Crl. Side) submits that investigation in Cr.No.248 of 2024 was completed and final report has also been filed before the learned Judicial Magistrate, Eraniel, through e-filing on 18.10.2024

3. Since it is reported that the final report has already been filed before the learned Judicial Magistrate, Eraniel, without ascertaining the materials relied on by the investigating agency in the final report, this 2/4

Court is not inclined to proceed with the available FIR. Therefore, this Criminal Original Petition is dismissed with liberty to the petitioners to challenge the final report, if they are having any ground. The respondent Police shall ensure that the final report is taken on file within a reasonable time. It is not only the responsibility of the respondent Police, the trial Court is also expected to take the final report on file, without any delay. Consequently, connected miscellaneous petition is closed.

05.06.2025 Index : Yes / No.

Internet : Yes / No.

NCC : Yes / No.

ogy To

1. The Inspector of Police, Colachel Police Station, Kanyakumari District.

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

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B.PUGALENDHI, J.

ogy 05.06.2025 4/4