Karthick v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2026

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.No.2725 of 2026 1.

Karthick Manikandan 3.

Velu 4.

Santhiya ... Petitioners Vs.

1.

State represented by, The Inspector of Police, Pulianthope Police Station, Chennai. (Crime No.367 of 2025) Logeshwari ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to call for the records in Crime No.367 of 2025 on the file of the first respondent police and quash the same as against the petitioners For Petitioners : Mr.A.Murugavel For R1 : Mr.S.Santhosh Government Advocate (Criminal Side) 1/5

O R D E R

The present Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.367 of 2025, pending on the file of the first respondent police.

The case of the prosecution is that on 07.09.2025, at about 8.30 pm., when the second respondent/de facto complainant and her family members were sitting in front their house, the accused, who came there armed with iron rod and pipes, abused and assaulted the de facto complainant and her family members, as a result of which, they sustained injuries. Consequently, based on the complaint lodged by the second respondent/de facto complainant, the aforesaid case in Crime No.367 of 2025 was registered on the same day for the offences under Sections 296(b), 115(2) & 351(2) of the BNS.

3.

Learned counsel appearing for the petitioners submitted that the petitioners are the actual victims in this case. He further submitted that based on the complaint given by the fourth petitioner herein, a case in Crime No.366 of 2025 was registered against the second respondent and others for the offences under 296(b), 115(2) & 351(2) of the BNS. 2/5

However, the first respondent police, without conducting a proper investigation, registered the present case against the petitioners. Hence, he prayed to quash the First Information Report as against the petitioners. 4.

Learned Government Advocate (Criminal Side) appearing for the first respondent police submitted that this is a case of case and counter. He further submitted that based on the complaint given by the fourth petitioner, the case in Crime No.366 of 2025 was registered against the de facto complainant and others and that one of the accused therein approached this Court in Crl.O.P.No.2628 of 2026 seeking to quash the said case. This Court, finding that it is a case of case and counter in which both parties sustained injuries, dismissed the same vide order dated 06.02.2026 with a direction to the first respondent police to conduct an enquiry in both the cases and file final reports in terms of PSO 566 as expeditiously as possible. 5.

Heard the learned counsel appearing on either side and perused the materials available on record.

6.

Concededly, this is a case of case and counter arising out of the same occurrence, in which both parties sustained injuries. That apart, the petition seeking to quash the counter case was dismissed by this Court, 3/5

vide order dated 06.02.2026 with a direction to complete the investigation in Crime Nos.366 & 367 of 2025 by following the procedure contemplated under PSO 566. Hence, this Court is not inclined to interfere with the impugned proceedings.

7.

Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed. The first Respondent police are directed to strictly comply with the order dated 06.02.2026 passed by this Court in Crl.O.P.No.2628 of 2026. 18.02.2026 ham To 1.

The Inspector of Police, Pulianthope Police Station, Chennai.

The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA , J.

ham and Crl.M.P.No.2725 of 2026 18.02.2026 5/5