Madras High CourtCRL OP(MD)/17119/2024disposed of

Govindhan v. State Rep By The Deputy Superintendent Of Police

2024-10-17Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD)No.10721 of 2024 Govindhan ... Petitioner Vs.

1.State rep. by The Deputy Superintendent of Police, Manapparai, Trichy District.

2.State rep by The Inspector of Police, Vaiyampatti Police Station, Trichy District.

(Crime No.256 of 2023) 3.Arumugam ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to call for the records pertaining to FIR in Crime No.256 of 2023 dated 30.05.2023 on the file of the second respondent police and quash the same as illegal as far as against this petitioner concerned. 1/4

For Petitioner : Mr.A.Joel Paul Antony For R1 & R2 : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to quash the FIR in Crime No.256 of 2023 pending on the file of the second respondent.

2. It is seen from the records that on the basis of the complaint given by the third respondent, FIR came to be registered in Crime No. 256 of 2023 on 30.05.2023 for the offences under Section 406 IPC and Sections 3(l)(f) and 3(l)(g) of the Schedule Caste and the Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015 against three persons including the petitioner herein.

3. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that the first respondent, after completing the investigation, has already filed a final report against three persons including the petitioner before the PCR Court, Trichy on 28.09.2024 2/4

through e-filing.

4. Considering the above, the learned I Additional District Judge (PCR), Trichy is directed to take the charge sheet on file, if charge sheet has already been filed as stated by the prosecution, within a period of two weeks from the date of receipt of a copy of this order, if it is otherwise in order. In case, any memo has been issued to rectify the defects, the first respondent is directed to rectify the defects pointed out by the learned I Additional District Judge, within a period of one week from the date of receipt of a copy of this order and on such rectification, the learned I Additional District Judge is directed to take the charge sheet on file, if it is otherwise in order, within a period of one week thereafter.

5. With the above direction, this Criminal Original Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. 17.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The I Additional District Judge (PCR), Trichy.

2.The Deputy Superintendent of Police, Manapparai, Trichy District.

3.The Inspector of Police, Vaiyampatti Police Station, Trichy District.

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

Order made in and Crl.M.P.(MD)No.10721 of 2024 Dated: 17.10.2024 4/4