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.20057 of 2024 I.Govindhan ... Petitioner Vs.

1.The Sub Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

2.A.Samuthirakani ... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to call for the records in connection with the FIR in Crime No.269 of 2022 on the file of the first respondent police and quash the same.

For Petitioner : Mr.G.Thalaimuthurasu For R1 : Mr.P.Kottaichamy, Government Advocate (Crl.Side)

ORDER

The petitioner, who is sole accused in Cr.No.269 of 2022 on the file of the respondent police, has filed this petition to quash the said proceedings.

2.The case of the prosecution is that the second respondent is working as Technician in BSNL and his Superior Officer told him to be careful by sending an audio recording of phone conversation between the petitioner herein and one Premkumar. In the said audio recording, the petitioner intended to kill the second respondent.

3.This Court vide order dated 19.11.2024 granted an order of interim stay.

4.The learned Government Advocate(Crl.side) appearing for the first respondent submits that the investigation reveals that the petitioner has abused the defacto complainant over phone. An audio recording has also been produced by the defacto complainant. However, in view of the interim stay granted by this Court, they are not in a position to file the final report.

5.Though this Court ordered notice to the second respondent, the petitioner has not served notice to the second respondent. The petitioner claims that the second respondent changed his address and seeks time to serve the notice to the correct address of the second respondent.

6.The Investigating Agency claims that there are enough materials as against the petitioner and they are also having audio recording. Considering the same, this criminal original petition is closed with liberty to the first respondent to file the final report before the concerned Magistrate Court, within a period of four weeks from the date of receipt of a copy of this order. The petitioner is at liberty to challenge the final report depending upon the materials placed as against him.

24.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns To

1.The Sub Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

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

B.PUGALENDHI,J gns

24.06.2025