A. Sivaramamoorthi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.O.P(MD)No.21783 of 2024 and Crl.M.P(MD).No.13518 of 2024 A.Sivaramamoorthi ... Petitioner Vs 1.The State of Tamil Nadu The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli City.

Crime No.19 of 2023 2.Indira Priyadharshini ... Respondents PRAYER: Petition filed under Section 528 of BNSS, 2023 to call for the entire records pertaining to the case in Crime No.19 of 2023 pending on the file of the Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli City and quash the same as against the petitioner.

For Petitioner : Mr.R.Anand 1/6

For Respondents : Mr.P.Kottaichamy (For R1) Government Advocate (Crl.side) Mr.M.S.Jeyakarthick (for R2)

ORDER

This criminal original petition is listed today under the caption 'for clarification'.

2. The petitioner has filed this petition to quash the case pending in Crime No.19 of 2023 on the file of the All Women Police Station, Palayamkottai, Tirunelveli City. When this petition came up for hearing on 16.06.2025, the petitioner's Counsel made a submission that this Court has granted an order of interim stay of investigation and despite the same, the first respondent Police has filed the final report. Therefore, this Court, by order dated 16.06.2025, called for an explanation from the first respondent Police.

3. However, on a perusal of the case papers, it appears that this Court, on 12.12.2024, has passed an interim order directing the 2/6

trial Court not to proceed further with the final report filed by e-filing. In other words, the final report was filed long back through e-filing even before the orders of this Court, but, a representation was made before this Court on 16.06.2025 as if the final report was filed despite the order of interim stay granted by this Court. This Court expresses its displeasure with the way in which a misrepresentation was made, based on which, this Court has also called for an explanation. Since the order dated 16.06.2025 was passed, based on a misrepresentation, the same stands recalled, though it has not been signed and dispatched.

4. Be that as it may, this criminal original petition is filed challenging the proceedings in Crime No.19 of 2023 and after investigation, the final report has been filed through E.Filing in No.LTN 20220002450C202400034 before the learned Judicial Magistrate No.V, Tirunelveli. Recording the same, this criminal original petition is closed with liberty to the petitioner to challenge the final report in the manner known to law. Mere filing of final report through E-filing is not enough. It is the duty of the first respondent Police to ensure that the final report is taken on file. The 3/6

learned Judicial Magistrate No.V, Tirunelveli, is expected to take up the final report on file, without any delay, if it is otherwise in order. Consequently, connected miscellaneous petition is closed. 24.06.2025 NCC :Yes/No Index:Yes/No Rmk To 1.The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli City.

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

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B.PUGALENDHI. J.

Rmk Crl.O.P(MD)No.21783 of 2024 24.06.2025 5/6