S. JANARDHANAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The Criminal Original Petition has been filed invoking Sec. 528 BNSS seeking orders to call for the records pertaining to the FIR in Crime No.131 of 2024 dtd. 27/3/2024 on the file of the first respondent and quash the same.

(2.) It is pertinent to mention that the petitioner has earlier filed a petition in Crl.O.P.(MD)No.6334 of 2024 for quashing the FIR in Crime No.131 of 2024 and this Court, recording the submission made by the learned Government Advocate (Criminal Side) that final report has already been filed before the Court concerned, closed the petition by giving liberty to the petitioner to challenge the charge sheet.

(3.) When the present criminal original petition was taken up for hearing, the learned counsel appearing for the petitioner submitted that since final report was not filed and the case was not taken on file, the petitioner was constrained to file the present criminal original petition again for quashing the FIR. At that juncture, the learned Government Advocate (Criminal Side) submitted that final report came to be filed through e-filing (No.CC202400067) on 22/4/2024. Considering the submission made by the learned counsel appearing for the petitioner that though the occurrence was happened on 23/6/2020 and FIR came to be registered on 27/3/2024 for the alleged offences under Ss. 170, 417 and 419 of IPC, they have not filed the final report till then, this Court directed the respondent police to file final report, if not filed earlier. Considering the situation prevailing then, this Court was constrained to observe and issue directions vide order dtd. 30/9/2024 and the same as follows:-