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2025 DAILYLAW 144889 (MAD)

SenthilMallar v. State Of Tamilnadu Rep By Inspector Of Police, Kalugumalai

CRL OP(MD)/10580/2025 · 2025-06-24

B Pugalendhi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD)No.10580 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2025 CORAM THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.O.P.(MD)No.10580 of 2025 Senthilmallar ... Petitioner versus 1. The State of Tamilnadu, Rep. through the Inspector of Police, Kalugumalai Police Station, Thoothukudi District. 2. S.Vellachi ... Respondents Prayer : Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to the impugned FIR in Crime No.102 of 2025 dated 27.03.2025 on the file of the 1st respondent police and quash the same. For Petitioner : Mr.S.Sarvagan Prabhu For R1 : Mr.P.Kottaichamy, Government Advocate (Crl. Side) For R2 : Mr.P.Kanaga Raj 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.10580 of 2025 ORDER The petitioner has filed this petition to quash the FIR in Crime No. 102 of 2025 registered against him, on the file of the first respondent Police, for the offences under Sections 329(4), 296(b), 332(c), 64, 62 and 351(3) of BNS 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002. 2. When this petition is taken up for hearing, Mr.P.Kottaichamy, learned Government Advocate (Crl. Side), takes notice for the respondent Police and submits that the investigation in Crime No.102 of 2025 was completed and the final report has also been filed before the learned Judicial Magistrate No.I, Kovilpatti, through e-filing on 18.04.2025. 3. Since it is reported that the final report has been filed in Crime No.102 of 2025, without ascertaining the materials relied on by the investigating agency in the final report, this Court is not inclined to proceed with the available FIR. Therefore, this Criminal Original Petition 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.10580 of 2025 is dismissed with liberty to the petitioner to challenge the final report, if he is having any ground. Mere filing of the final report through e-filing is not sufficient. The respondent Police shall ensure that the final report is taken on file within a reasonable time. It is not only the responsibility of the respondent Police, the trial Court is also expected to take the final report on file, without any delay. 24.06.2025 Index : Yes / No. Internet : Yes / No. NCC : Yes / No. ogy To 1. The Inspector of Police, Kalugumalai Police Station, Thoothukudi District. 2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.10580 of 2025 B.PUGALENDHI, J. ogy Crl.O.P.(MD)No.10580 of 2025 24.06.2025 4/4 https://www.mhc.tn.gov.in/judis