Madras High CourtCRL OP(MD)/12918/2024closed

M.S Santhanakumar v. The Inspector Of Police

2025-03-06Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.12918 of 2024 and Crl.M.P.(MD) No.

M.S.Santhanakumar ... Petitioner Vs.

The Inspector of Police, Kadupatti Police Station, Madurai District.

Crime No. 33 of 2010.

... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to direct the respondent police to file a final report before the learned District Munsif cum Judicial Magistrate, Vadipatti in Crime No.33 of 2010 pending investigation on the file of respondent police. For petitioner : Mr.N.Jothivel For Respondent : Mr. M.Sakthi Kumar Government Advocate (Crl. Side) Page No. 1 of 4

O R D E R

This petition has been filed by the petitioner to direct the respondent police to file a final report before the learned District Munsif cum Judicial Magistrate, Vadipatti in Crime No.33 of 2010 pending investigation on the file of respondent police.

2. According to the petitioner, he is the defacto complainant and based on his complaint, F.I.R in Crime No.33 of 2010 has been registered for the offences under Sections 447, 448, 489 and 506(I) IPC. Thereafter, no proper investigation has been conducted and so far, not filed the final report. Hence, he has filed this petition.

3. The Government Advocate (Criminal Side) appearing for the respondent police would submit that the complaint was closed as mistake of fact and a report also filed before the learned Judicial Magistrate, Vadipatti. Therefore, nothing survives for further adjudication in this case.

4. Since the prayer of the petitioner is to file the final report and Page No. 2 of 4

already the same was filed as the complaint was closed as mistake of fact, it is for the petitioner to take appropriate steps to challenge the final report, if he is aggrieved. In view of the same, preserving the right of the petitioner to challenge the final report in accordance with law, this Criminal Original Petition is closed.

06.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac Page No. 3 of 4

P.DHANABAL,J Mac To

1. The Inspector of Police, Kadupatti Police Station, Madurai District.

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

Crl.OP(MD) No.12918 of 2024 06.03.2025 Page No. 4 of 4