Take action against officer for foisting false case, CoP urged

MADURAI: The Madurai Bench of the Madras High Court has directed the Commissioner of Police, Madurai City, to initiate legal action against an investigating officer who foisted a false case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, on an archer and graduate. The case cost him a job with the Assam Rifles, even though he had received a call from its Director General.

“The act of the investigating officer is nothing but falsification of public record before the Court of law,” observed Justice P Murugan, directing the Commissioner to file an action taken report within three months. The court also quashed the FIR against the petitioner, Sivaganesh.

The SS Colony police, Madurai, had registered the case on December 27, 2020, alleging that Sivaganesh possessed 270 grams of ganja, a small quantity under the NDPS Act, in 27 small packets. The offence carried a maximum punishment of one year, attracting a one-year limitation period for taking cognisance under Section 468 of the Code of Criminal Procedure (CrPC).

However, Sivaganesh learnt of the case only in May 2022, when the Assam Rifles rejected his job application because of the pending criminal case. He then approached the High Court seeking to quash the FIR.

The court noted that although the final report was filed online on August 5, 2022, it was submitted after the limitation period had expired. It was produced before the court on October 12, 2025, for compliance with certain requirements; a step the court held was also clearly barred by limitation.

The investigating officer had not sought an extension, and the Magistrate had not passed a reasoned order condoning the delay under Section 473 of the CrPC.

Coming down heavily on both the officer and the Magistrate of Madurai Judicial Magistrate V, the court observed that the officer had foisted a false case by invoking an inapplicable provision of law, while the Magistrate had taken cognisance without applying judicial mind.

The court pointed out that although the FIR dated back to December 2020, the final report cited Section 193 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which came into force only on July 1, 2024. The Judge observed that this was concrete evidence that the police had foisted a false case on the petitioner.

Of the Magistrate, the Court observed, “Even without appreciating the date of offence, chargesheet, and included section 193 of BNSS, the Magistrate wrongly took the case on file, wherein the Magistrate has not taken cognisance on application of mind.”

The Magistrate appeared to have taken the case on file merely by affixing a rubber stamp, which the court said could not be accepted. It noted that this court had earlier directed Magistrates and Special Courts to apply their judicial mind and not take cases on file merely by affixing a seal or making an endorsement.

However, the Magistrate violated these directions.