N.T.Senthilkumar v. The State Rep. By The Sub Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 6206 of 2025 and Crl.M.P.No.3984 of 2025 1.N.T.Senthilkumar 2.M.Ramasamy 3.K.Ayyappan 4.K.Abirami 5.Pachayammal 6.Sathya .....
Petitioners Vs 1.The State Rep. By The Sub Inspector of Police Santhavasal Police Station, Tiruvananamalai District.
Crime No. 590 of 2024 2.Poo. Jothimurugan, Village Administrative Officer, Padaveedu Village, Tiruvannamalai Distirct.
.....
Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2025, to call for the records relating to the impugned FIR in Crime No. 590 of 2024 on the file of the 1st respondent, quash the same, by allowing this Criminal Original Petition
For Petitioners : Mr.N.Manoharan For R1 : Mr.A.Gopinath Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed seeking to quash the FIR registered in Crime No.590 of 2024 on the file of the first respondent for the offence punishable under Section 226 of the Bharatiya Nyaya Sanhita, 2023.
2. The case of the prosecution is that there is a civil dispute between the second petitioner and one Murugan in respect of the property comprised in S.F.No.762/B1, admeasuring 0.39.0 Hec, situated at Mangalapuram Village, Polur Taluk, Tiruvannamalai District. On 28.12.2024 at about 1.15 p.m., the accused persons climbed on the overhead water tank and insisted for the presence of the District Collector, Tiruvannamalai to resolve the said property dispute. It is further alleged that they threatened to jump from the tank and commit suicide if their demand was not fulfilled. On the basis of the incident, the second respondent, who is the Village Administrative Officer, lodged a complaint before the first respondent and the same has been registered in Crime No.590 of 2024 for the offence under Section 226 of Bharatiya
Nyaya Sanhita, 2023.
3. Even according to the case of the prosecution, the petitioner only insisted the presence of the District Collector, Tiruvannamalai, to resolve the property dispute. It is alleged that they threatened to jump from the overhead tank if their demand was not met. However, it is clear that they neither jumped no made any actual attempt to commit suicide.
4. The learned Government Advocate (Crl.Side) appearing for the first respondent submitted that the investigation in Crime No.590 of 2024 has been completed and the final report has been filed before the Judicial Magistrate, Polur, on 13.02.2025, which is pending for taking cognizance.
5. In view of the above, this Court is of the opinion that the ingredients of the offence under Section 226 of Bharatiya Nyaya Sanhita, 2023 are not made out as against the petitioners. Accordingly, this Court is inclined to quash the FIR registered in Crime No.590 of 2024. Accordingly, the said FIR is hereby quashed and the Criminal Original
Petition stands allowed. Consequently, connected miscellaneous petition is closed.
05.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To
1. The Sub Inspector of Police Santhavasal Police Station, Tiruvananamalai District.
2. The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
Lpp Crl.O.P.No.6206 of 2025 05.03.2025