Madras High CourtCRL OP(MD)/13586/2025closed

M.Kannan v. The State Of Tamilnadu, Rep. By The Deputy Superintendent Of Police,

2025-08-14Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2025

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI and Crl.M.P.(MD)No.10820 of 2025

1. M.Kannan

2. K.Nishanth ... Petitioners versus

1. The State of Tamilnadu rep. by The Deputy Superintendent of Police, Virudhunagar Circle, Virudhunagar District.

2. The State of Tamilnadu, rep. by The Inspector of Police, Aviyoor Police Station, Virudhunagar District.

3. Arjunan ... Respondents Prayer : Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records pertaining to the impugned FIR in Crime No.48 of 2025 on the file of the 2nd respondent police insofar as the petitioners are concerned and quash the same as illegal. 1/4

For Petitioners : Mr.K.Prabhu For R1 and R2 : Mr.P.Kottaichamy Government Advocate (Crl. Side)

ORDER

The petitioners are accused Nos.1 and 2 in Crime No.48 of 2025 on the file of the respondent Police, which was registered for the offence under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(2), 127(2) of BNS and Section 4 of TNPWH Act r/w. Sections 3(1)(r), 3(1)(s), 3(2) (va) of SC/ST (POA) Act, 1989. They have moved this petition seeking to quash the FIR in Crime No.48 of 2025 registered against them.

2. Today, when this petition is taken up for hearing, the learned Government Advocate (Crl. Side) submits that the investigation in Crime No.48 of 2025 was completed and the final report has also been filed before the Special Court, Srivilliputhur, through e-filing.

3. Since it is reported that the final report has been filed in Crime No.48 of 2025, without ascertaining the materials relied on by the investigating agency in the final report, this Court is not inclined to 2/4

proceed with the available FIR. Therefore, this Criminal Original Petition is closed 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 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. Consequently, connected miscellaneous petition is closed.

14.08.2025 Index : Yes / No.

Internet : Yes / No.

NCC : Yes / No.

ogy To

1. The Deputy Superintendent of Police, Virudhunagar Circle, Virudhunagar District.

2. The Inspector of Police, Aviyoor Police Station, Virudhunagar District.

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

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B.PUGALENDHI, J.

ogy 14.08.2025 4/4