Surya @ Suryaselvan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.11240 of 2025 and Crl.M.P.(MD)No.8471 of 2025 Surya @ Suryaselvan ... Petitioner versus

1. The State of Tamil Nadu, Rep. by the Inspector of Police, All Women Police Station, Bodi, Theni District.

2. Nivethini Social Worker-II, District Child Protection Unit, District Block Level Officer Building, Theni District.

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to call for the records in Crime No.6 of 2025 pending investigation on the file of the 1st respondent Police and quash the same as against the petitioner. For Petitioner : Mr.T.Lajapathy Roy, Senior Counsel for M/s.M.Jeyapaul 1/4

For R1 : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl. Side)

ORDER

The petitioner, who is the 1st accused in Crime No.6 of 2025, has filed this petition seeking to quash the case in Crime No.6 of 2025, which has been registered against him, on the file of the respondent police, for the offence under Sections 7 and 8 of POCSO Act, 2012.

2. When this petition is taken up for hearing, the learned Government Advocate (Crl. Side) submits that the investigation in Crime No.6 of 2025 has already been completed and the final report has also been filed before the Special Court for Exclusive trial of cases under POCSO Act, Theni, on 27.05.2025.

3. Since it is reported that the final report has been filed as against the petitioner, 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 dismissed with liberty to the petitioner to challenge the final report, if he is having any 2/4

ground. Mere filing of the final report is not sufficient. The respondent Police shall ensure that the final report is taken on file within a reasonable time. Consequently, connected miscellaneous petition is closed. 03.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes ogy To

1. The Inspector of Police, All Women Police Station, Bodi, Theni District.

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

3/4

B.PUGALENDHI, J.

ogy Crl.OP(MD)No.11240 of 2025 03.07.2025 4/4