Madras High CourtCRL OP(MD)/21502/2024closed

Krishnan v. The State Of Tamilnadu

2024-12-09Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR and Crl.M.P.(MD)No.13335 of 2024 Krishnan ... Petitioner Vs.

1.The State Rep. by The Inspector of Police, Tenkasi Police Station, Tenkasi District.

(Crime No.537 of 2024) 2.Ramachandran ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, 2023, to call for the records pertaining to the impugned F.I.R. in Crime No.537 of 2024, under Sections 292, 293, 285, 288 and 132 of the B.N.S., pending on the file of the first respondent and quash the same as illegal, improper and nothing but abuse of process of law. For Petitioner : Mr.N.Balasubramanian For R1 : Mr.K.Sanjai Gandhi Government Advocate (Criminal Side) 1/4

ORDER

This Petition has been filed to quash the F.I.R. in Crime No.537 of 2024, pending investigation on the file of the first respondent Police.

2. Today, when the matter was taken up for hearing, the learned Government Advocate (Criminal Side) appearing for the first respondent Police submitted that the investigation has been completed and the Police report was filed before the learned Judicial Magistrate, Tenkasi, on 05.12.2024 through e-filing mode [e-filing No.C202400843]. The learned Government Advocate (Criminal Side) further submitted that the concerned Court is yet to act upon the final report.

3. Taking into consideration the facts and circumstances of the case and also the fact that the final report has already been filed on completion of investigation, this Court is not inclined to interfere with the F.I.R. at this stage. If ultimately, the Police report is acted upon and process is issued to the petitioner and he is aggrieved by the same, it is left open to the petitioner to workout his remedy in the manner known to law, if so advised.

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4.This Criminal Original Petition is disposed of in the above terms. Consequently, the connected miscellaneous petition is closed. NCC : Yes / No 09.12.2024 Index : Yes / No smn2 To 1.The Inspector of Police, Tenkasi Police Station, Tenkasi District.

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

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M.NIRMAL KUMAR, J.

smn2 Order made in Dated: 09.12.2024 4/4