Madras High CourtCRL OP(MD)/20324/2025withdrawn dismissed

Viju v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

2025-11-17Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.20324 of 2025 and Crl.M.P.(MD).No.17193 of 2025 Viju ... Petitioner/Accused No.1 Vs.

1.The State of Tamil Nadu rep. by, The Inspector of Police, Kotticode Police Station, Kanyakumari District.

(Crime No.148 of 2025) ... 1st Respondent / Complainant 2.Arance, S/o.Thankaraj, Special Sub Inspector of Police, Kottikode Police Station, Mundavilai, Kalkulam Taluk, Kanyakumari District. ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records pertaining to the First Information Report in Crime No.148 of 2025 dated 18.08.2025 on the file of 1st respondent Police and quash the same as illegal as far as against this petitioner concerned. 1/4

For Petitioner : Mr.M.Beema Rao For R-1 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition is filed to quash the impugned FIR in Crime No.148 of 2025 on the file of the first respondent, which was registered for the offences under Section 303(2) of BNS, 2023 and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957.

2. During the course of arguments, when this Court expressed that the points raised by the learned counsel for the petitioner are factual in nature, the learned counsel for the petitioner sought permission to withdraw this petition. However, the learned counsel would submit that the first respondent may be directed to complete the investigation and file a final report within a reasonable time.

3. The learned Additional Public Prosecutor, on instructions, would submit that the final report would be filed within a period of two months. 2/4

4. In view of the above submissions, this Criminal Original Petition is dismissed as withdrawn. The first respondent is directed to complete the investigation in the impugned FIR and file a final report within a period of two

(2) months from the date of receipt of a copy of this order. If the petitioner is aggrieved by the final report, it is open to the petitioner to challenge the same in the manner known to law. Consequently, connected miscellaneous petition is closed.

17.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The Inspector of Police, Kotticode Police Station, Kanyakumari District.

2.The Special Sub Inspector of Police, Kottikode Police Station, Mundavilai, Kalkulam Taluk, Kanyakumari District.

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

3/4

SUNDER MOHAN, J.

Lm Crl.O.P(MD).No.20324 of 2025 17.11.2025 4/4