Madras High CourtCRL OP(MD)/22876/2024closed

N.Ramakrishnan v. The State Of Tamilnadu

2025-03-24Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL and Crl.M.P(MD) No.14358 of 2024 N.Ramakrishnan ... Petitioner Vs

1. The State of Tamilnadu, Rep by the Inspector of Police, AWPS - Thirumangalam Police Station, Madurai District.

Crime No.20 of 2024.

2. Vennila ... Respondents PRAYER: Criminal Original petition has been filed under Section 528 of BNSS to call for the First Information Report in connection with Crime No. 20 of 2024 on the file of the Inspector of Police, AWPS-Thirumangalam Police Station, Madurai District and quash the same as illegal and devoid of merits.

For Petitioner : Mr.C.Muthu Saravanan For Respondents : Mr.M.Vaikkam Karunanithi (R1) Government Advocate (Crl.Side) Mr.Kathirvelu, Sr.Counsel for Mr.K.Prabhu (R2) 1/4

O R D E R

This criminal original petition has been filed seeking to quash the FIR in Cr.No.20 of 2024 on the file of first respondent police. 2.When the matter is taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the 1st respondent submitted that in this case after completion of investigation, final report has already been filed before the concerned Court as 'mistake of fact' and RCS notice also serviced to the 2nd respondent. Hence, nothing survives for further adjudication.

3.The learned Senior Counsel appearing for the 2nd respondent would submit that the 1st respondent has not conducted proper investigation and no notice sent to the 2nd respondent.

4.The prayer of the petitioner is to quash the FIR and now the first respondent police, after completion of investigation filed final report before the concerned Court as 'mistake of fact', no further orders required to be passed to quash the FIR. Therefore, it is for the defacto complainant/2nd 2/4

respondent to approach the learned Magistrate by filing of protest petition in accordance with law.

5.With the above observations, this criminal original petition stands closed. Consequently, connected miscellaneous petition is closed. 24.03.2025 Internet :Yes NCC :Yes/No PNM To

1. The Inspector of Police, AWPS - Thirumangalam Police Station, Madurai District.

Crime No.20 of 2024.

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

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P. DHANABAL, J.

PNM and Crl.M.P(MD) No.14358 of 2024 24.03.2025 4/4