Madras High CourtCRL OP/11592/2025dismissed

Mani v. State By

2025-07-01Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.11592 of 2025 and Crl.M.P.Nos.7708 & 7709 of 2025

1. Mani

2. Meena ... Petitioners Vs

1. State represented by, The Inspector of Police, Barur Police Station, Krishnagiri District.

2. Manimegalai ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS 2023, to call for the records in connection with the charge sheet in C.C.No.40 of 2024 on the file of the District Munsif cum Judicial Magistrate Court, Pochampalli, Krishnagiri District and to quash the same.

For Petitioners : Mr.K.Thiruvengadam For R1 : Dr.C.E.Pratap Government Advocate (Crl.Side) For R2 : No appearance

O R D E R

This Criminal Original Petition has been filed to call for the records in connection with the charge sheet in C.C.No.40 of 2024 on the file of the District Munsif cum Judicial Magistrate Court, Pochampalli, Krishnagiri District and to quash the same.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the first respondent-Police and perused the materials available on record.

3. Learned counsel for the petitioner submitted that the dispute between the parties is civil in nature. The respondent-Police has given criminal colour to the civil dispute. With regard to dispute between the parties, wordy quarrel was arose between the parties and except that no other criminal incident has been taken place as alleged by the de-facto complainant. Hence, the petitioner prayed for quashing of the charge sheet.

4. On a reading of F.I.R and also charge sheet filed by the respondent-Police, statement of witnesses recorded by the respondentPolice under Section 161Cr.P.C., and other materials, it is seen that prima facie allegations and materials are available as against the petitioner to proceed the case further. The grounds taken by the petitioners are nothing but defence which can be agitated only during the course of trial before the Trial Court. Hence, this Court is not inclined to quash the case in C.C.No.40 of 2024 on the file of the District Munsif cum Judicial Magistrate Court, Pochampalli, Krishnagiri District.

5. In view of the above, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed. However, the petitioners are at liberty to take all their defence before the trial Court.

01.07.2025 mfa Index:Yes/No

Speaking Order: Yes/No To

1. The District Munsif cum Judicial Magistrate Court, Pochampalli, Krishnagiri District

2. The Inspector of Police, Barur Police Station, Krishnagiri District.

3. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa Crl.O.P.No.11592 of 2025 and Crl.M.P.Nos.7708 & 7709 of 2025 01.07.2025