Uma v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Uma ... Petitioner Vs.

1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Bodinayakannur Rural Police Station, Theni District (Crime No.615/2018) ... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to directing the 2nd respondent to complete the investigation in Cr.No.615 of 2018 on the file of the 2nd respondent police station and file the charge sheet before the Learned Judicial Magistrate, Bodinayakannur Theni District within the stipulated time as fixed by this Court. For Petitioner : Mr.P.Sivachandran For Respondents : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.side) 1/6

ORDER

The petitioner, who is the defacto complainant in Cr.No.615 of 2018 on the file of the second respondent, has filed this petition seeking a direction to the second respondent to complete the investigation in the said case and to file the final report before the concerned Court, within a time frame.

2.The petitioner claims that she has lodged a complaint before the respondent Police and the same was registered in Cr.No.615 of 2018. The second respondent has not taken any efforts to complete the investigation and to file the final report. The petitioner has also made certain allegations as against the respondent Police that one Sagunthala lodged a counter complaint as against the petitioner's elder son, based on which, a case in Cr.No.616 of 2018 came to be registered and final report has also been filed in the said case. However, they have not taken any steps to file the final report in the petitioner's complaint. 3.The learned Government Advocate(Crl.side) appearing for the respondents submits that the final report in Cr.No.616 of 2018 has been 2/6

filed on 24.12.2018. However, final report in Cr.No.615 of 2018 has been filed on 28.03.2023. The respondent Police has deleted some of the offences and the learned Judicial Magistrate, Bodinayakkanur has also ordered notice to the petitioner on 05.04.2023. Notice was not served and therefore, fresh notice was ordered and the same was served to the petitioner. The petitioner has also entered appearance before the learned Judicial Magistrate, Bodinayakkanur on 11.05.2023 and has taken time to file protest petition. However, she has not prosecuted the case and also continuously absent before the learned Magistrate. Therefore, the protest petition filed by the petitioner came to be dismissed by the learned Magistrate on 06.03.2024. By suppressing all these facts, the petitioner filed the present petition seeking a direction to the second respondent to file the final report.

4.This Court has considered the submissions made on either side and perused the available records.

5.It appears that a complaint was lodged by the petitioner, based on which, a case in Cr.No.615 of 2018 came to be registered by the second respondent. Thereafter, a final report with an alteration report has been 3/6

filed by the second respondent, on 28.03.2023 before the learned Judicial Magistrate, Bodinayakkanur. The learned Magistrate ordered notice and the petitioner has also entered appearance and has also filed a protest petition. However, by suppressing all these material facts, the petitioner filed the present petition, unnecessarily.

6.Considering the conduct of the petitioner in filing this petition by suppressing the material facts, this criminal original petition is dismissed with a cost of Rs.5,000/-(Rupees Five Thousand only) payable by the petitioner to the District Collector Relief Fund, Theni District. 28.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns 4/6

To 1.The Judicial Magistrate, Bodinayakannur Theni District 2.The Superintendent of Police, Theni District, Theni.

3.The Inspector of Police, Bodinayakannur Rural Police Station, Theni District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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B.PUGALENDHI,J gns 28.07.2025 6/6