Murugan v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2025 CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.14043 of 2025 and Crl.MP(MD) No.11288 of 2025 Murugan ... Petitioner Vs 1.The State of Tamil Nadu, Rep. by the Inspector of Police, Achanpudur Police Station, Tenkasi District.
(Crime No. 21/2024).
2.Mariammal
...Respondents
Prayer : Criminal Original Petition filed under Section 528 of BNSS, to call for the records pertaining to the FIR in Crime No.21/2024 on the file of the 1st respondent Police and to quash the same. For Petitioner : Mr. M Shemadaniel For R1 : Mr.P.Kottaichamy Government Advocate (Crl.side)
O R D E R
The petitioner/accused has approached this Court, to quash the proceedings in Crime No.21 of 2024, on the file of the first 1/5
respondent police, pending as against him.
2.The case of the prosecution is that on 25.01.2024, at about 10.00pm, when the defacto complainant along with her children were walking on the road, near Ponpoli Perumal Kovil Street, Tenkasi, the petitioner, who was coming in his bike bearing Registration No.TN 76 E 6800 in a rash and negligent manner dashed against them, due to which, they have sustained injuries. Hence, the case in Crime No.21 of 2024 has been registered as against the petitioner, for the offence under Sections 279 and 337 IPC.
3.The learned counsel for the petitioner submits that the case is a foisted one. For the alleged occurrence said to have taken place on 25.01.2024, the complaint was lodged on 27.01.2024. He further submits that since there is no materials in the complaint, the respondent police has not conducted any investigation and therefore, the case is pending from the month of January 2024 at the stage of investigation. Hence, the First Information Report in Crime No. 21 of 2024 has to be quashed.
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4.Mr.P.Kottaichamy, learned Government Advocate (Crl.side), who takes notice for the first respondent submits that the investigation in Crime No.21 of 2024 has been concluded and final report has also been filed before the Judicial Magistrate Court, Senkottai, through e-filing No.C202400354, on 07.10.2024. 5.This Court is unable to understand the reasons for not completing the investigation of the case, which was registered in the month of January 2024, for the offence under Sections 279 and 337 IPC, for nearly 10 months. Now, it is reported that the final report has been filed on 07.10.2024, however it was not taken on file by the learned Judicial Magistrate. If the investigation agencies are taking 10 months for filing the final report in the case of offence under Sections 279 and 337 IPC, then there is no purpose in registering the First Information Reports.
6.In view of the above, the Deputy Superintendent of Police is directed to ascertain the reasons for not numbering the final report, which was said to have been filed on 07.10.2024. In case, if the 3/5
final report is returned, the respondent police shall consider the grounds raised by the petitioner and re-present the same without any further delay.
7.With the above directions, this Criminal Original petition is closed. Consequently, connected Miscellaneous Petition is also closed.
25.08.2025 NCC : Yes/No Index : Yes/No vrn To The Inspector of Police, Achanpudur Police Station, Tenkasi District.
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B.PUGALENDHI,J vrn Order made in Crl.OP(MD)No.14043 of 2025 and Crl.MP(MD) No.11288 of 2025 25.08.2025 5/5