Karthick v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2025 CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI in Crl.OP(MD)No.10457 of 2025 Karthick ... Petitioner Vs 1.State represented by The Inspector of Police, Dhadikombu Police Station, Dindigul District.
Crime No.703 of 2021 2.Vasanthakumar
...Respondents
Prayer : Criminal Miscellaneous Petition filed under Section 528 of BNSS, 2023, to stay all further proceedings in STC No.473 of 2022, on the file of the Judicial Magistrate Court No.II, Dindigul.
For Petitioner : Mr.M.Rajarajan For R1 : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.side)
O R D E R
The petitioner has moved this quash application challenging the proceedings initiated as against him and three others in STC Number 473 of 2022 on 1/3
the file of the learned Judicial Magistrate No.II, Dindigul, for the offence under Sections 294b, 323 IPC. The petitioner has been arrayed as accused for the offence under Section 323 IPC alone. At the time of occurrence, the petitioner was aged about 16 years. The respondent police instead of filing the final report before the concerned Juvenile Justice Board, has filed the final report before the learned Judicial Magistrate No.II, Dindigul, in the year 2022. Since the final report has been wrongly filed before the learned Judicial Magistrate, the learned counsel prays to quash the proceedings as against this petitioner, which has been initiated before the regular Court. 2.Mr.A.S.Abul Kalaam Azad, learned Government Advocate (Crl.
side) takes notice for the first respondent and submits that though the final report has been mistakenly filed before the Judicial Magistrate Court No.II, Dindigul, the learned Magistrate, by his order, dated 26.03.2024, has transferred the files pertaining to this petitioner to the Juvenile Justice Board, Dindigul for further proceedings. A copy of the Court proceedings is placed before this Court. 3.The learned counsel for the petitioner submits that till date, the case has not been taken on file. According to the learned counsel, this petitioner is charged for the offense under Section 323 IPC alone. Though the final report has been filed in the year 2023, it has not been taken on file by the competent Court till date. 4.Notice to the second respondent returnable in two weeks.
is also permitted. Post the matter after two weeks. There shall be an order of interim stay till then. Personal appearance of the petitioner is dispensed with for the present. sd/- 23/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
VRN TO 1 THE JUDICIAL MAGISTRATE NO.II, DINDIGUL.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.
3 THE INSPECTOR OF POLICE, DHADIKOMBU POLICE STATION, DINDIGUL DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN in Crl.OP(MD)No.10457 of 2025 Date :23/06/2025 SA/SAR. /27.06.2025/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3