M.Mohamed Shajahan v. The State Of Tamil Nadu, Rep. By Its

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.12873 of 2025 M.Mohamed Shajahan ... Petitioner versus

1. The State of Tamil Nadu, rep. by The Inspector of Police, Achanpudur Police Station, Achanpudur, Shencottai Taluk, Tenkasi District.

2. N.Abubakkar Sithik

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to call for the records relating to the complaint in Crime No.100 of 2025 dated 02.04.2025 on the file of the 1st respondent Police Station Achanpudur Police Station, Tenkasi District and quash the same insofar as the petitioner/A2 is concerned.

For Petitioner : Mr.K.Vadivelu For R1 : Mr.P.Kottaichamy, Additional Public Prosecutor 1/4

ORDER

The petitioner is the 2nd accused in Crime No.100 of 2025 on the file of the 1st respondent, which was registered for the offence under Sections 296(b), 332(c), 118(1) and 351(3) of BNS 2023. He has moved this petition to quash the proceedings in FIR in Crime No.100 of 2025 registered against him.

2. When this petition is taken up for hearing, the learned Government Advocate (Crl. Side) submits that the case in Crime No.100 of 2025 has been registered as against the petitioner and another. He further submits that in this case, the investigation was completed and after the investigation, the Investigating Agency has deleted the name of the first accused. However, the Investigating Agency has filed the final report as against the petitioner, before the learned Judicial Magistrate, Shenkottai, through e-filing on 12.07.2025.

3. Since it is reported that the final report has been filed in Crime No. 100 of 2025, without ascertaining the materials relied on by the investigating agency in the final report, this Court is not inclined to proceed with the available FIR. Therefore, this Criminal Original Petition is 2/4

dismissed with liberty to the petitioner to challenge the final report, if he is having any ground. Mere filing of the final report through e-filing is not sufficient. 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.

31.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes ogy To

1. The Inspector of Police, Achanpudur Police Station, Achanpudur, Shencottai Taluk, Tenkasi District.

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

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B.PUGALENDHI, J.

ogy Crl.OP(MD)No.12873 of 2025 31.07.2025 4/4