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2025 DAILYLAW 90112 (MAD)

JAYAKRISHNAN v. The State rep by its the station House officer

CRL OP/25401/2025 · 2025-09-16

N Sathish Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.25401 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.09.2025 CORAM: THE HON'BLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P.No.25401 of 2025 and Crl.M.P.No.17185 of 2025 Jayakrishnan ... Petitioner Vs. 1. The State represented by, The Station House Officer, Killai Police Station, Cuddalore District. 2. Jayavarthanan ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, to call for the records pertaining to a case in Crime No.48 of 2022 on the file of the first respondent and quash the same. For Petitioner : Mr.E.Aneesh Vinayak For R1 : Mr.R.Vinothraja Government Advocate (Criminal Side) O R D E R The Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.48 of 2022, registered on the file of the first respondent Police, for the offence under Section 337 of IPC. 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.25401 of 2025 2. Heard both sides and perused the materials available on record. 3. The crux of the allegation in the First Information Report is that on 28.02.2022, the petitioner negligently moved the vehicle used for harvesting paddy, as a result of which the petitioner's son sustained injury. Consequently, a case was registered in Crime No.48 of 2022for the offence under Section 337 of IPC on 01.03.2022. 4. It is seen that the case was registered in the year 2022 and the maximum punishment for the said offence is only six months. However, till now, no further progress has been made in the investigation. Further, even if the investigation is completed, the punishment prescribed is only six months, whereas already three years have elapsed. Keeping such cases pending unnecessarily burdens the Courts. Moreover, cognizance cannot by taken in view of Section 468 of Cr.P.C. (corresponding to Section 514 BNSS). In such view of the matter, continuing such First Information Reports without any progress would only cause an unnecessary burden on the courts and defeat the concept of speedy trial. 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.25401 of 2025 5. In view of the above, this Criminal Original Petition is allowed. The First Information Report in Crime No.48 of 2022 pending on the file of the first respondent, is quashed. Consequently, connected miscellaneous petition is closed. 16.09.2025 ham Neutral Citation:Yes/No To 1. The Station House Officer, Killai Police Station, Cuddalore District. 2. The Public Prosecutor, High Court of Madras. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.25401 of 2025 N. SATHISH KUMAR , J. ham Crl.O.P.No.25401 of 2025 and Crl.M.P.No.17185 of 2025 16.09.2025 4/4 https://www.mhc.tn.gov.in/judis