Madras High CourtCRL OP(MD)/9374/2025closed

Christopher Samraj v. State Of Tamilnadu Rep By Inspector Of Police, Thoothukudi

2025-06-23Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 23.06.2025

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI CrlOP(MD)No.9374 of 2025 Christoper Samraj ... Petitioner versus The State of Tamil Nadu, The Inspector of Police, Sawyerpuram Police Station, Thoothukudi District.

[Crime No.53 of 2024] ... Respondents Prayer : Criminal Original Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, to file a final report in connection with Crime No.53 of 2024 dated 11.04.2024, within a stipulated period as may be fixed by this Court. For Petitioner : Mr.M.Suresh For Respondent : Mr.P.Kottaichamy Government Advocate (Crl. side) 1/5

ORDER

The defacto complainant in Crime No.53 of 2024 has filed this petition seeking a direction to the respondent police to file a final report within a reasonable time.

2.The learned Government Advocate (Crl Side) appearing for the respondent police submits that the final report had already been filed by the respondent police on 20.02.2025, however it was returned for certain defects, it was rectified and re-presented on 04.06.2025. 3.The learned Counsel for the petitioner submits that the case of this petitioner was registered for the offence under Sections 448, 323, 427 and 506 (i) IPC on 11.04.2024 in Crime No.53 of 2024. He was made to file CrlOP(MD)No.3214 of 2025 on 19.02.2025 before this court seeking a direction to the respondent police to file the final report in Crime No.53 of 2024 and based on the submission made by the respondent police that the final report had already been filed on 20.02.2025, CrlOP(MD)No.3214 of 2024 was closed on 21.02.2025. Subsequently he had filed an application before the learned Judicial 2/5

Magistrate No.I, Thoothukudi concerned seeking certified copy of the final report, but his application was returned that the case was at the FIR stage. Therefore, he is made to approach this Court again for the very same relief.

4.The learned Government Advocate (Crl Side) submits that there is a juvenile accused in the case. However final report has been filed before the learned Judicial Magistrate as against the juvenile accused also and therefore, the final report was returned. Subsequently now they have filed two separate final reports, one before the Judicial Magistrate Court and the other before the Juvenile Justice Board. Therefore, according to the learned Government Advocate the final report has been taken on file in STC No.763 of 2026 by the learned Judicial Magistrate No.I, Thoothukudi.

5.This Court considered the rival submissions. 6.Though this Court was inclined to allow this petition for the litigation expenses suffered by the petitioner, considering the steps taken 3/5

by the respondent police in numbering the final report and considering that there was delay due to filing of final report against the juvenile accused before the learned Judicial Magistrate, this Court is not imposing any cost. Accordingly, recording the above submission of the learned Government Advocate, this criminal original petition is disposed of.

23.06.2025 DSK To 1.The Inspector of Police, Sawyerpuram Police Station, Thoothukudi District.

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

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B.PUGALENDHI, J.

DSK 23.06.2025 5/5