BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 15.12.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

Crl.O.P.(MD).No.22258 of 2025

and

CRL MP(MD)NO.19183 of 2025

1.Ilaiyaraja

2.Balaji

3.Jeyarani ... Petitioners

Vs.

1.The State of Tamilnadu,

Rep. by the Inspector of Police,

Madagupatti Police station,

Sivagangai District.

(Cr.No.95 of 2017)

2.Dineshkumar ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records on the file of the respondent / complainant and quash the FIR in crime No.95/2017 dated

08.04.2017 against the petitioners.

For Petitioner : Mr.T.Sekar For R-1 : Mr.S.Ravi,

Additional Public Prosecutor

ORDER

Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to call for the records pertaining to the FIR in Crime No.95 of 2017 dated 08.04.2017 on the file of the first respondent police and to quash the same as illegal.

Preface:

2. This Criminal Original Petition has been filed invoking the inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashment of the First Information Report in Crime No.95 of 2017 dated 08.04.2017, registered for the alleged offences under Sections 342, 323, 355, 506(1) and 379 (NH) of the Indian Penal Code, in so far as the petitioners, who are arrayed as Accused Nos.1, 2 and 4, are concerned.

3. The principal grievance of the petitioners is that though the alleged occurrence is said to have taken place on 07.04.2017 and the FIR was registered on 08.04.2017, the investigation has remained inconclusive for more than eight years and no final report has been filed till date, thereby causing grave prejudice to the petitioners and infringing their fundamental right to speedy investigation and trial guaranteed under Article 21 of the Constitution of India.

Case of the prosecution:

4. The case of the prosecution, as reflected in the FIR, is that the de facto complainant was a student studying in the 9^th standard at the relevant point of time. On 07.04.2017, after attending the Annual Day celebration at Leo Matriculation School, while returning home at about 9.30 p.m. near Seppalathur Four Road, the petitioners and other accused allegedly intercepted him, took his mobile phone, and forcibly took him on a motorcycle to Seppalathur Kanmai.

5. It is alleged that the de facto complainant was taken inside the Kanmai and was assaulted. It is further alleged that the accused persons attempted to compel him to consume liquor and, upon his refusal, forcibly poured liquor into his mouth. The fourth accused, who is stated to be the maternal aunt of the first accused, allegedly beat him using a chappal. The third accused allegedly restrained the de facto complainant by holding his hands, while others assaulted him. It is also alleged that the third accused took away a silver wrist band from the de facto complainant.

6. It is the further case of the prosecution that upon hearing the cries of the de facto complainant, some villagers came to the spot, following which the de facto complainant managed to escape. The villagers allegedly suggested that the matter could be taken before the Panchayat the next day. Thereafter, the de facto complainant was taken to the hospital, where the complaint came to be registered on 08.04.2017 at about 7.30 a.m., resulting in registration of the present FIR.

Grounds for quash:

7. The petitioners have assailed the impugned FIR primarily on the following grounds that the alleged occurrence is of the year 2017 and, despite lapse of more than eight years, the respondent police have not filed the final report. That the inordinate and unexplained delay in investigation amounts to abuse of the process of law. That there is no specific overt act attributed to the petitioners in the FIR so as to constitute the alleged offences. That continuation of the investigation after such an enormous delay would be futile and oppressive. That the