Dismissed¶35

A.B.Moorthy v. the Superintendent of Police

Madras HC12 Feb 2025CRL OP/3625/2025

Case brief

AI extract

What is this about?

Crl.O.P.No.3625 of 2025; Madras High Court; G.K. Ilanthiraiyan J.; Section 528 BNSS 2023; closure report / preliminary report dated 01.04.2024; Na.Ka.No.47/DSP/TVM TOWN.2024; DSP Town Thiruvannamalai; complaint dated 02.03.2024; Dis.No.151/2024 dated 05.03.2024; Dis.No. 451 of 2024; SC/ST (Prevention of Atrocities) Act Special Court Thiruvannamalai; Sessions Judge FAC; FIR registration directed 23.08.2024; revision Crl.R.C. No. 1639 of 2024 order dated 26.11.2024 set aside; objections to closure report pending; no infirmity or illegality; petition dismissed; Trial Court to decide objections within 8 weeks; N.Vijayan proposed accused; A.B.Moorthy petitioner.

What did the court decide?

Petition dismissed; Trial Court directed to pass final orders on the petitioner's objections to the closure report dated 01.04.2024 within 8 weeks. ¶35

A.B.Moorthy Vs the Superintendent of Police — Madras HC (2025) — LawSathi Research

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Crl.O.P.No. 3625 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.02.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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Crl.O.P.No.3625 of 2025

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A.B.Moorthy ... Petitioner

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Vs.

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1.The Superintendent of Police, District Police Office, Tiruvannamalai District.

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2.The Deputy Superintendent of Police (Town), Thiruvannamalai Taluk, Thiruvannamalai District.

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3.The Inspector of Police, Kelpenathur Police Station, Thiruvannamalai District.

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4.N.Vijayan ..Respondents

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PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the preliminary report of the respondent No.2 in Na.Ka.No.47/DSP/TVM TOWN.2024 dated 01.04.2024 and consequently direct the respondent no.2 to register the case and investigate the case on the complaint dated 02.03.2024 in compliance with the letter in Dis.No.151/2024 dated 05.03.2024.

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No. 3625 of 2025

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For Petitioner : Mr.B.Mohan For R1 to R3 : Mr.K.M.D.Muhilan, Government Advocate (crl.side)

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O R D E R

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This petition has been filed to set aside the report submitted by the second respondent dated 01.04.2024.

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Heard both sides and perused the materials placed before this

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Court.

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The petitioner lodged a complaint against the fourth respondent

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before the Sessions Judge, (FAC) Special Court for the trial of cases under the SC/ST (Prevention of Atrocities) Act, Thiruvannamalai. Initially, by its proceedings dated 05.03.2024, the Trial Court directed the second respondent to take necessary action and submit a report. Pursuant to the direction, the second respondent conducted a detailed enquiry and filed a closure report, stating that the allegations made by the

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No. 3625 of 2025

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petitioner against the fourth respondent were civil in nature. Subsequently, by order dated 23.08.2024, the Trial Court directed the second respondent to register an FIR on the complaint lodged by the petitioner and proceed with the inquiry.

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Aggrieved by the same, the proposed accused preferred a revision before this Court in Crl.R.C. No. 1639 of 2024. By order dated 26.11.2024, this Court set aside the order passed by the Sessions Judge, (FAC) Special Court, for the trial of cases under the SC/ST (POA) Act. The Court further observed that the complainant was at liberty to file objections and that, upon consideration of the report submitted by the second respondent and the objections raised by the petitioner, appropriate orders would be passed in accordance with the provisions of the Criminal Procedure Code.

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On perusal of the records, it is evident that the petitioner has already submitted objections to the closure report filed by the second respondent on 01.04.2024 and the matter is pending for orders. The

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No. 3625 of 2025

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petitioner now challenges the proceeding dated 05.03.2024 in Dis.No. 451 of 2024 on the file of the Trial Court. After the said order, the Trial Court directed the second respondent to register the FIR, which was subsequently set aside by this Court in Crl.R.C. No. 1639 of 2024. The Court also issued a specific direction to the Trial Court to pass orders on the objection raised by the petitioner.

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6. In view of the above, this Court finds no infirmity or illegality in

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the report submitted by the second respondent dated 01.04.2024. Accordingly, this Criminal Original Petition stands dismissed. Further, the Trial Court is directed to pass final orders on the objection raised by the petitioner regarding the closure report filed by the second respondent, dated 01.04.2024, within a period of 8 weeks from the date of receipt of a copy of this order.

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12.02.2025

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Neutral citation : Yes/No Speaking/non-speaking order shk

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No. 3625 of 2025

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