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Madras High CourtCRL OP(MD)/12221/2025closed

Abi v. The State Of Tamil Nadu

2025-07-21Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.12221 of 2025

1. Abi

2. Senbugaraj ... Petitioners versus

1. State of Tamil Nadu, rep. by The Inspector of Police, Devakottai Taluk Police Station, Sivagangai District.

2. Karuppaiah

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to call for the records pertaining to the FIR in Crime No.191 of 2025 on the file of the 1st respondent Police and quash the same as illegal. For Petitioners : Mr.T.Lenin Kumar For R1 : Mr.P.Kottaichamy, Government Advocate (Crl. Side) For R2 : Mr.D.Venkatesh 1/4

ORDER

The petitioners are accused Nos.1 and 2 in Crime No.191 of 2025 registered on the file of the 1st respondent for the offence under Section 303(2) of BNS. They have moved this petition to quash the proceedings in FIR in Crime No.191 of 2025 registered against them.

2. When this petition is taken up for hearing, the learned Government Advocate (Crl. Side) submits that investigation was completed and the final report has also been filed before the Judicial Magistrate, Devakottai, through e-filing in LTN20220002436C202500250, on 04.07.2025.

3. Since it is reported that the final report has been filed in Crime No. 191 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 dismissed with liberty to the petitioners to challenge the final report, if they are 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 2/4

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.

21.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes ogy To

1. The Inspector of Police, Devakottai Taluk Police Station, Sivagangai 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.12221 of 2025 21.07.2025 4/4