Madras High Court
R.Paulpandi vs State Of Tamil Nadu on 17 February, 2025
Author: B.Pugalendhi
Bench: B.Pugalendhi
2025:MHC:2693
Crl.MP(MD)No.7406 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 29.08.2025
DELIVERED ON : 25.11.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Crl.MP(MD)No.7406 of 2025
in
Crl.OP(MD)No.SR20073 of 2025
R.Paulpandi : Petitioner
Vs.
1.State of Tamil Nadu, Rep. by
The Inspector of Police,
Theni Police Station,
Theni District.
Cr.No.218/2018
2.Deepak,
Sub Inspector of Police,
Theni Police Station,
Theni District.
3.The Director General of Police,
Chennai. : Respondents
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Crl.MP(MD)No.7406 of 2025
PRAYER in Crl.MP(MD)No.7406 of 2025: Petition filed under Section 528
BNSS to dispense with the production of the certified copy of the FIR in
Crime No.218 of 2018 on the file of the first respondent Police.
PRAYER in Crl.OP(MD)No.SR20073 of 2025: Petition filed under Section
528 BNSS to call for the records pertaining to Crime No.218 of 2018 on the
file of the first respondent Police and quash the same.
For Petitioner : Mr.C.Saravanakumar
For Respondents : Mr.T.Senthilkumar,
Additional Public Prosecutor
for R.1, R.3
*****
ORDER
This Miscellaneous Petition has been filed seeking to dispense with the production of the certified copy of the FIR in Crime No.218 of 2018 on the file of the first respondent Police.
2.The petitioner is one of the accused in Crime No.218 of 2018, registered for the offences punishable under Sections 143 and 188 IPC. The 2/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/11/2025 03:49:49 pm ) Crl.MP(MD)No.7406 of 2025 petitioner has filed Crl.OP(MD)No.SR20073 of 2025 seeking to quash the said FIR. In connection therewith, this petition has been filed to dispense with the production of the certified copy of the FIR.
3.Learned Counsel for the petitioner submitted that the petitioner had applied for a certified copy of the FIR before the Judicial Magistrate, Theni, in CA.No.235 of 2025, but the same was returned with an endorsement that the FIR was not available in the Court. Hence, the present petition has been filed.
4.The Inspector of Police, Theni Police Station, has filed a report stating that the FIR was mixed up with old records during renovation works at the police station, and hence, it was not forwarded to the jurisdictional Court at the relevant time. It is further stated that the FIR in Crime No.218 of 2018 was manually produced before the Court on 26.06.2025 and that the final report was filed through e-filing (No. LTN20220001761C202500304).
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5.The Additional Superintendent of Police, Theni, has filed a status report stating that disciplinary action has been initiated against the second respondent for his failure to send the FIR to the jurisdictional Court. A memorandum in Na.Ka.No.310/Pothu/Tha.Pi-Theni/2025, dated 17.02.2025, has also been issued instructing all police officials to strictly comply with the procedure prescribed under Section 176 BNSS.
6.This Court notes with concern that an FIR registered as far back as 2018 has not been forwarded to the concerned Court until 2025. This is a serious lapse and a clear violation of Section 157(1) of the Code of Criminal Procedure, 1973, and Police Standing Order No.552. Section 157(1) Cr.P.C. mandates that the report shall be sent forthwith to the Magistrate having jurisdiction, and PSO 552 reiterates this duty.
7.Section 157(1) of the Code of Criminal Procedure reads as follows:
“(1) If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall 4/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/11/2025 03:49:49 pm ) Crl.MP(MD)No.7406 of 2025 forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender ... ”
8.In Aqeel Ahmad v. State of U.P., [(2008) 16 SCC 372], the Hon’ble Supreme Court has held that forwarding of the FIR to the jurisdictional Magistrate “is indispensable and absolute and has to be forwarded with the earliest dispatch”. The purpose has been clarified as to prevent embellishment or manipulation of the prosecution version and to enable judicial oversight over investigation. The relevant observation is extracted as under:-
“5. There is no doubt that forwarding of the report is indispensable and absolute and it has to be forwarded with earliest dispatch which intention is implicit with the use of the word `forthwith' occurring in Section 157 of the Code which means promptly and without any undue delay. The real purpose is to avoid possibility of the improvement in the prosecution case and introduction of distorted 5/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/11/2025 03:49:49 pm ) Crl.MP(MD)No.7406 of 2025 version by deliberations and consultation and to enable the Magistrate concerned to have a watch on the progress of the investigation.”
9.The present case is a glaring instance of failure to follow this elementary safeguard. Retaining an FIR within the police station for years together erodes the integrity of the investigation and undermines the very purpose of judicial supervision.
10.During the hearing, this Court called for data from all police stations within the jurisdiction of this Bench regarding the number of FIRs registered and the number received by the concerned Courts. A comparison reveals a clear discrepancy between FIRs registered and those forwarded, though the exact extent varies.
11.It is pertinent to note that in Ahmed and Others v. Inspector of Police, Adiramapattinam Police Station and Others [Crl.MP(MD)Nos. 6270 of 2024, etc., batch, dated 01.08.2024], this Court, in similar circumstances, had already issued comprehensive directions to ensure that 6/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/11/2025 03:49:49 pm ) Crl.MP(MD)No.7406 of 2025 all First Information Reports are promptly forwarded to the jurisdictional Courts and has even suo-motu impleaded the Director General of Police to appraise and to redress the situation.
12.It is regrettable that, despite such directions, the present instance indicates that the mechanism has not been uniformly implemented. Had the said directions been effectively acted upon, the situation in which an FIR registered in 2018 reaches the Court only in 2025 could have been avoided. This recurrence underscores the continuing need for stricter supervision and accountability on the part of the authorities concerned.
13.Be that as it may, this Court, in Macharaja v. State of Tamil Nadu & Others [Crl.OP.(MD)No.12922 of 2025, dated 11.11.2025], came across issues with the e-filing of final reports and has initiated a co-ordinate exercise with police officials and judicial officers concerned along with the technical staff in order to identify and rectify the issues, with weekly review meetings. As a result of active follow up and rectification, there was a measurable improvement in the situation. This Court had then observed:- 7/11
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/11/2025 03:49:49 pm ) Crl.MP(MD)No.7406 of 2025 “15. This Court records its appreciation of the coordinated efforts of the judiciary and police officials in streamlining the e-filing of final reports. This exercise demonstrates the positive outcomes achievable through sustained monitoring and inter-departmental co-operation.”
14.The same coordinated approach that yielded positive results in the e-filing exercise should be extended to the forwarding of FIRs as well, so that such lapses are not repeated and every FIR reaches the jurisdictional Court without delay. Accordingly, this Court directs that a coordinated exercise shall be convened in each district, coming under the jurisdiction of this Bench, jointly by the District Police Heads and the concerned Judicial Officers to identify and rectify any discrepancies between FIRs registered and FIRs received by Courts. Reports of such review meetings shall be forwarded to the Registrar (Judicial) of this Bench, through the respective Principal District Judge for monitoring compliance.
15.Though the Additional Superintendent of Police has stated that disciplinary action has been initiated against the second respondent, this 8/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/11/2025 03:49:49 pm ) Crl.MP(MD)No.7406 of 2025 Court directs that responsibility must not be confined to one individual. The departmental proceedings shall also identify and fix responsibility on all officers concerned who failed to ensure timely forwarding of the FIR in Crime No.218 of 2018 to the jurisdictional Court.
16.Considering that the FIR, though belatedly, has now been placed before the Court, the present petition is allowed. The production of a certified copy of the FIR in Crime No.218 of 2018 is dispensed with. Registry is directed to number Crl.OP(MD)No.SR20073 of 2025 and list the matter before the appropriate Bench.
In the result, this Criminal Miscellaneous Petition is allowed with the above directions.
Internet : Yes 25.11.2025
gk
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Crl.MP(MD)No.7406 of 2025
Note:
Registry is to communicate this order to
1. The Principal District Judges and Chief Judicial Magistrates of all Districts coming within the jurisdiction of this Bench;
2. The Commissioners of Police / Superintendents of Police of all Cities / Districts coming within the jurisdiction of this Bench;
3. The Inspector Generals of Police, South and Central Zones, Tamil Nadu;
4. The Registrar General, Madras High Court;
To
1.The Director General of Police, Chennai.
2.The Inspector of Police, Theni Police Station, Theni District.
10/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/11/2025 03:49:49 pm ) Crl.MP(MD)No.7406 of 2025 B.PUGALENDHI, J.
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