Perumal v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN and Crl.M.P.No.10204 of 2025 Perumal ... Petitioner Vs.

1. The Superintendent of Police Ranipet District, Ranipet

2. The State rep. by The Sub-Inspector of Police Kaveripakkam Police Station Kaveripakkam, Ranipet District (Crime No.327 of 2021)

3. Kumaresan ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS 2023, to call for the records pertaining to C.C.No.38 of 2024 on the file of the District Munsif-cum-Judicial Magistrate No.I, Walajapet and quash the same.

For Petitioner : No Appearance For Respondents 1 & 2 : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner to quash the case in C.C.No.38 of 2024 on the file of the District Munsifcum-Judicial Magistrate No.I, Walajapet.

2. There is no representation for the petitioner.

3. The case of the prosecution is that on 23.10.2021 at about 9.00 p.m., when the third respondent/defacto complainant went to a hotel to get tiffin for his family, the petitioner who was in an inebriated condition outside the hotel, abused the defacto complainant in filthy language and also slapped him by stating that he would take away his life. Hence, based on the complaint given by the defacto complainant, the FIR in Crime No.327 of 2021 was registered by the second respondent police for the offence under Sections 294(b), 323 and 506(i) of IPC on 24.10.2021. After completion of investigation, the respondent police filed the charge sheet and the same was taken on file in C.C.No.38 of 2024 on the file of

the District Munsif-cum-Judicial Magistrate No.I, Walajapet. The present petition has been filed by the petitioner/accused to quash the C.C.

4. The learned Government Advocate (Crl. Side) appearing for the respondents police submitted that there is a specific overt-act as against the petitioner and the investigation revealed that the petitioner had committed the alleged offence. Therefore, the respondent police filed the charge sheet as against the petitioner.

5. Heard the learned Government Advocate (Crl. Side) appearing for the respondents police and perused the materials available on record.

6. Since no adverse order is being passed as against the third respondent, notice to the third respondent is dispensed with.

7. A reading of the complaint, FIR and the statements recorded by the Investigating Officer from the witnesses, especially the defacto complainant/victim shows that there is a specific overt-act as against the petitioner and there are prima facie materials to proceed the case further. Therefore, it is not a fit case to quash the C.C. by invoking Section 528 of B.N.S.S.

8. Accordingly, this Criminal Original Petition is dismissed.

Consequently, the connected Miscellaneous Petition is closed. 09.06.2025 ksa-2 Index:Yes/No Speaking Order: Yes/No

To

1. The District Munsif-cum-Judicial Magistrate No.I, Walajapet.

2. The Superintendent of Police Ranipet District, Ranipet

3. The Sub-Inspector of Police Kaveripakkam Police Station Kaveripakkam, Ranipet District 4.The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J.

ksa-2 09.06.2025