Balamurugan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-06-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR and Crl.M.P.No.8073 of 2026 Balamurugan S/o. Paramasivam, Colony Street, Authukurichi, Vridhachalam Taluk, Ariyalur District.

..Petitioner(s) Vs

1. State Rep. by The Inspector of Police, Karuveppilankurichi Police Station, Cuddalore District.

Crime No.272 of 2016

2. Kennadi S/o. Natarajan, No.1, Sakkarai Kulam Street, Srimushnam Post, Kattumannarkovil Taluk, Cuddalore District.

..Respondent(s) Criminal Original Petition is filed under Section 528 of BNSS to call for the entire records in connection with impugned final report in S.C. No.33 of 2026 on the file of the Learned III Additional District and Sessions Judge, Vridhachalam, Cuddalore District and quash the same, in so far as the Petitioner concerned and pass such further or other orders as this Honorable Court may deem fit and proper in the circumstances of the case and thus render justice.

For Petitioner(s):

M.Mohamed Saifulla For Respondent(s):

M/S.R. RAJASEKARAN GA (CRL. SIDE) for R1

ORDER

The petitioner / Accused No.2 in S.C.No.33 of 2026 who is facing trial for the offence under Sections 143, 147, 148, 188, 294(b), 341, 352, 353 and 506(ii) IPC r/w. Section 3 of Tamilnadu Public Property (Prevention of Damage & Loss) Act, 1992 r/w. 34 of IPC had filed the above quash petition.

2. The learned counsel for the petitioner submitted that earlier the charge sheet has been filed against the petitioner in S.C. No.108 of 2021 by arraying him as A28, later, the case got split up and the present charge sheet in S.C.No.33 of 2026 has been filed against the petitioner by arraying him as A2. He further submitted that the co-accused in S.C.No.108 of 2021 have filed quash petitions before this Court in Crl.O.P.Nos.12436 of 2025 & 8511 of 2026 and this Court vide order dated 25.04.2025 and 06.04.2026 respectively, has quashed the proceedings against those co-accused. Hence, he seeks to quash the present proceedings as against this petitioner.

3. The learned Counsel for Government of Tamil Nadu (Criminal Side) appearing for the first respondent accedes the submission of the learned counsel for the petitioner.

4. Considering the submission of the learned counsel for the petitioner and considering the fact that the proceedings against the co-accused who have committed the similar offences as that of this petitioner has been quashed by this Court, this Court is inclined to quash the proceedings against this petitioner in the similar lines as that of the earlier orders.

5. Accordingly, this Criminal Original Petition is allowed in the same lines as that of the order dated 25.04.2025 made in Crl.O.P.No.12436 of 2025 and the order dated 06.04.2026 made in Crl.O.P.No.8511 of 2026 and the proceedings in S.C.No.33 of 2026 on the file of the learned III Additional District and Sessions Judge, Vridhachalam, Cuddalore District, is hereby quashed as against this petitioner. Connected miscellaneous petition is closed. 02-06-2026 Index: Yes/No Speaking/Non-speaking order BKN

M.NIRMAL KUMAR, J.

BKN To:

1. The Inspector of Police, Karuveppilankurichi Police Station, Cuddalore District.

Crime No.272 of 2016

2. III Additional District and Sessions Judge, Vridhachalam, Cuddalore District

3. Public Prosecutor, Madras High Court.

02-06-2026