Antony Giftson @ Antony Kibson v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.13694 of 2025 Antony Giftson @ Antony Kibson ... Petitioner versus

1. The State of Tamil Nadu Rep. by The Inspector of Police, Panagudi Police Station, Tirunelveli District.

2. Anna Meji @ Anna Megi

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to call for the records in Crime No.248 of 2025 pending on the file of the 1st respondent Police and quash the same.

For Petitioner : Mr.S.Micheal Heldon Kumar For R1 : Mr.P.Kottaichamy Government Advocate (Crl. Side)

ORDER

The petitioner is the sole accused in Crime No.248 of 2025 on the file of the respondent Police, which was registered for the offence under Sections 296(b) and 115(2) of BNS 2023. He has moved this petition 1/4

seeking to quash the FIR in Crime No.248 of 2025 registered against him.

2. The learned counsel appearing for the petitioner submits that the second respondent is none other than the wife of the petitioner and the matter has been amicably resolved between the petitioner and the defacto complainant. However, there is no material annexed along with this petition.

3. The learned Government Advocate (Crl. Side) submits that the investigation in Crime No.248 of 2025 was completed and the final report has also been filed before the learned Judicial Magistrate, Valliyoor, through e-filing in No.C202500448 on 11.05.2025.

4. In view of the subsequent development that the final report has been filed in Crime No.248 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 petitioner to challenge the final report, if he is having any ground. Mere filing of the final report through efiling is not sufficient. The respondent Police shall ensure that the final 2/4

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. 18.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes ogy To

1. The Inspector of Police, Panagudi Police Station, Tirunelveli 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.13694 of 2025 18.08.2025 4/4