S.528 BNSS | Madras HC Directs Police to Finalize Investigation Within 3 Months After Petitioner Withdraws Quash Plea - 2025-02-17

Madras High Court Orders Police to Complete Probe in 3 Months as Petitioner Withdraws Quash Plea

CHENNAI – The Madras High Court, while permitting the withdrawal of a petition to quash a First Information Report (FIR), has directed the police to complete the investigation and file a final report within a strict three-month deadline. The order was passed by Honourable Mr. Justice G.K. Ilanthiraiyan in a case involving a plea filed under the new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Case Background

The petitioner, Kanagaraj, had approached the High Court seeking to quash the proceedings in Crime No.11 of 2025, registered by the Inspector of Police, Central Crime Branch-1, Chennai. The Criminal Original Petition was filed invoking the inherent powers of the High Court under Section 528 of the BNSS, which corresponds to Section 482 of the outgoing Code of Criminal Procedure, 1973.

Court Proceedings and Decision

During the hearing, the Court expressed its inclination to dismiss the petition on its merits. Sensing the unfavourable view of the bench, the counsel for the petitioner, Mr. M. Vasanthakumar, made a strategic decision to withdraw the plea. He subsequently made an endorsement in the court records to formalize the withdrawal.

Accepting the petitioner's submission, Justice Ilanthiraiyan passed the final order, stating:

"When this Court inclined to dismiss the Criminal Original Petition, the learned counsel appearing for the petitioner seeks permission of this Court to withdraw this petition... In view of the endorsement made by the learned counsel for the petitioner, this Criminal Original Petition is dismissed as withdrawn."

Direction for Timely Investigation

Crucially, while allowing the withdrawal, the Court did not leave the matter open-ended. To ensure the investigation proceeds without undue delay, Justice Ilanthiraiyan issued a specific directive to the first respondent, the Inspector of Police.

The judgment mandates the police to "complete the investigation and file a final report within a period of three months from the date of receipt of a copy of this order."

Implications of the Order

This order underscores a key judicial principle: even when a party withdraws a challenge to an FIR, the court can ensure that the investigative process remains accountable and time-bound. By dismissing the petition as withdrawn rather than on its merits, the petitioner is not barred from challenging subsequent stages of the proceedings, such as the final report, if aggrieved. However, the directive for a swift conclusion to the investigation prevents the case from languishing and ensures progress in the criminal justice process. The connected miscellaneous petition was also closed as a result of the order.