Pasupathi v. The State Represented By Its Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2026

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR and Crl.M.P.Nos.5046 & 5049 of 2026 Pasupathi ... Petitioner Vs.

1.The State Rep., by its Inspector of Police, Mecheri Police Station, Salem District.

(Crime No. 468 of 2024) 2.M. Loganathan ... Respondents Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to call for the records in connection with the impugned charge sheet in S.C.No.416 of 2025 on the file of the Additional District Court (Fast Track), Mettur and quash the same insofar as the petitioner is concerned.

For Petitioner : Mr. N. Krishnamoorthy For Respondents: Mr. Leonard Arul Joseph Selvam, Additional Public Prosecutor for R1 1/4

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in S.C.No.416 of 2025 on the file of the Additional District Court (Fast Track), Mettur.

2. The contention of the petitioner is that the petitioner / A3 has filed this quash petition on the ground that there is no specific overt act alleged against the petitioner. It has been projected as though the petitioner was merely riding the bike and that the other accused alone had committed the offence. Further, the petitioner is a 19 year old college student and due to the pendency of the above case, his future life is getting affected.

3. The learned Additional Public Prosecutor appearing for the 1st respondent submitted that, the windscreen of a State Transport Corporation bus was damaged and that the petitioner has also threatened the driver. The defacto complainant / driver and the conductor have clearly stated that the petitioner, along with two others, committed the offence. Further, the statement of witnesses indicate that three persons arrived on a bike. If the contention of the petitioner is accepted and the case is quashed, the 2/4

prosecution case against the other two accused would be weekend and there is a possibility of doubt being cast on the credibility of the other witnesses. Hence, this petition is strongly opposed.

4. It is seen that the objections raised by the learned Additional Public Prosecutor cannot be brushed aside. In view of the same, the points raised by the learned counsel for the petitioner are factual in nature and are to be decided only during trial and not in this quash petition.

5. Hence, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed.

6. The observations made herein are only for the limited purpose of considering this petition. The trial Court shall proceed with the case independently on merits. Considering that the petitioner is a college student, the trial Court is directed to give preference to the case and complete the trial without any undue delay, preferably within a period of six months from the date of receipt of a copy of this order.

23.03.2026 AT 3/4

M.NIRMAL KUMAR, J.

AT To 1.The Additional District Court (Fast Track), Mettur. 2.The Inspector of Police, Mecheri Police Station, Salem District.

3.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.6964 of 2026 and Crl.M.P.Nos.5046 & 5049 of 2026 23.03.2026 4/4