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Madras High CourtCRL OP(MD)/10936/2025dismissed

Raveendran v. State Of Tamilnadu Rep By Inspector Of Police, Thoothukudi South

2025-06-27Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2025

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI Raveendran ... Petitioner versus The State of Tamilnadu, Rep. by The Inspector of Police, Thoothukudi South Police Station, Thoothukudi District.

... Respondent Prayer : Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the entire records pertaining to the impugned closure report order passed by the respondent in Crime No.445 of 2024 dated 27.04.2025 on the file of the respondent police, set aside the same and consequently, direct the respondent to investigate the Crime No.445 of 2024 in accordance with law.

For Petitioner : Mr.S.Balaji For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl. Side) 1/5

ORDER

The petitioner is the defacto complainant in Crime No.445 of 2024. He has filed this petition to set aside the closure report filed by the respondent Police, namely, the Inspector of Police, Thoothukudi Police Station in Crime No.445 of 2024.

2. The learned counsel for the petitioner submits that the Thoothukudi Police Station has erroneously closed the petitioner's complaint, without conducting any proper investigation. The respondent Police have not examined the accused persons and they have not examined the complainant and his witnesses and simply closed the FIR in Crime No.445 of 2024 in a hurried manner. He further submits that the petitioner has filed a petition in Crl.O.P.(MD)No.7938 of 2025, seeking transfer of investigation in Crime No.445 of 2024 from the file of the Thoothukudi South Police Station to CBCID and immediately after filing the above petition, the respondent Police have closed the FIR in Cr.No.445 of 2024 on 27.04.2025 and it was reported before this Court on 29.04.2025. Therefore, according to the learned counsel for the 2/5

petitioner, the respondent Police, without conducting any investigation, hurriedly closed the FIR in Crime No.445 of 2024.

3. The learned Government Advocate (Crl. Side) submits that the closure report was filed before the learned Judicial Magistrate No.I, Thoothukudi on 27.04.2025 and this petitioner is having a remedy by filing a protest petition before the concerned Judicial Magistrate. But, instead of filing a protest petition, the petitioner has filed this petition before this Court to set aside the final report.

4. This Court considered the rival submissions made.

5. The petitioner is the complainant in Crime No.445 of 2024 and the same was registered on 28.08.2024. The petitioner, with a grievance that his complaint has not been enquired by the respondent Police, has moved this petition before this Court in Crl.O.P.(MD)No.7938 of 2025, seeking transfer of investigation. The said petition was taken up for hearing on 29.04.2025, at that time, the respondent Police submitted that a closure report has been filed before the learned Judicial Magistrate 3/5

No.I, Thoothukudi on 27.04.2025. Recording the said submission, this Court, by order dated 29.04.2025, was closed the said petition. In the event, if the FIR in Crime No.445 of 2024 is closed without proper investigation, the petitioner is having a remedy before the concerned Judicial Magistrate by filing a protest petition. Instead of filing a protest pettition, the petitioner has filed this petition.

6. Therefore, this Criminal Original Petition is dismissed. 27.06.2025 Index : Yes / No.

Internet : Yes / No.

NCC : Yes / No.

ogy To

1. The Inspector of Police, Thoothukudi South Police Station, Thoothukudi District.

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

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B.PUGALENDHI, J.

ogy 27.06.2025 5/5