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Madras High CourtCRL OP/3403/2026disposed of

Ajith v. The State Rep By The Inspector Of Police,

2026-02-12Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-02-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.No.2373 of 2026

1. Ajith

2. Vasantha ..Petitioner(s) Vs

1. The State rep by The Inspector of Police, Mamallapuram Police Station, Chengalpattu District.

(Crime No.340 of 2025)

2. Mahindiran ..Respondent(s) Criminal Original Petition is filed under Section 528 of B.N.S.S., to call for the records relating to Crime No. 340/2025 pending on the file of the first respondent and quash the same.

For Petitioner(s):

Mr.M.V.Sukumar For Respondent(s):

Mr.S.Santhosh, Government Advocate (Crl.Side) for R1

ORDER

This Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.340 of 2025 pending on the file of the first respondent.

2.

The case of the prosecution is that the de facto complainant and the petitioners were running a shop in the beach-side area and that on 24.12.2025, the petitioners allegedly abused the de facto complainant and his friend and attacked them with a wooden log, causing injuries. Based on the complaint lodged by the de facto complainant, the aforesaid case in Crime No.340 of 2025 has been registered by the first respondent against the petitioner for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS. 3.

The learned counsel for the petitioners submitted that the petitioners are innocent and that in fact, the de facto complainant and his party were the aggressors. He further submitted that the petitioners were assaulted by the de facto complainant's party and that a complaint has been lodged, falsely implicating the petitioners as the assailants. Hence, he seeks quashment of the proceedings against the petitioners.

4.

The learned Government Advocate (Crl.Side) appearing for the first respondent submitted that the occurrence arose out of a quarrel between the petitioners' side and the de facto complainant's side, during which, both sides assaulted each other resulting in injuries to persons on either side. He further submitted that based on the complaint lodged by the petitioners' side, a case in Crime No.339 of 2025 has been registered against the counter parties and based

on the complaint given by the second respondent, the aforesaid case in Crime No.340 of 2025 has been registered against the petitioner. The first respondent, following PSO 566, is conducting investigation in both the cases. He further submitted that the investigation would be completed and final reports filed within a period of four months.

5.

Taking into consideration the fact that during a quarrel, both the parties have assaulted each other and it is a case of case and counter case, this Court is not inclined to quash the First Information Report at this stage. However, the first respondent is directed to complete the investigation in Crime Nos.339 and 340 of 2025 and to file the final reports, within a period of four months from the date of receipt of a copy of this order. 6.

With the above direction, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. 12-02-2026 Index: Yes/No Speaking/Non-speaking order VKR

A.D.JAGADISH CHANDIRA, J.

VKR To 1.The Inspector of Police, Mamallapuram Police Station, Chengalpattu District.

2.The Public Prosecutor, High Court of Madras.

12-02-2026