Mohanraj v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 28.07.2025 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and Crl.M.P.Nos.14433 and 14435 of 2025 -- Mohanraj .. Petitioner Vs.

1. State, rep. by Inspector of Police, DUSI Police Station, Thiruvannamalai District.

2. Suresh Babu .. Respondents Criminal Original Petition filed under Section 528 of the BNSS to call for the records of the case pending trial in C.C.No.11 of 2025 pending on the file of the Judicial Magistrate Court at Cheyyar and quash the same as against the petitioner in the above case.

For petitioner : M/s.R.Premanandhan For respondents: Dr.C.E.Pratap, Government Advocate (Crl. Side) for R-1 1 / 4

ORDER

The petitioner has filed the present petition to quash the case in C.C.No.11 of 2025 pending on the file of the Judicial Magistrate Court at Cheyyar.

2. Though originally, a case was registered and the offences are under Sections 296(b), 115(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, read with Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, the investigation is over and the charge-sheet was taken on file in C.C.No.11 of 2025. Now, trial is pending. At this stage, the petitioner has filed the present petition to quash the said case in C.C.No.11 of 2025. On a reading of the FIR and also the charge-sheet and also the statement of the witnesses recorded by the investigating officer during investigation, primafacie materials are made out against the petitioner to proceed with the case further.

3. In the above facts and circumstances, the grounds taken now by the petitioner, are not sufficient to quash the FIR and the grounds taken by the petitioner are nothing but defence, which can be agitated only during the 2 / 4

course of trial. Hence, this petition is dismissed.

4. However, there is yet another case registered against the private respondent, which is on the basis of the complaint given by the petitioner. In the year 2024, till date, the respondent-Police had not filed the charge-sheet in that case. Therefore, the first respondent-Police is directed to complete the investigation in Cr.No.212 of 2024 also and file the charge-sheet in that case within a period of two months from the date of receipt of a copy of this order.

The miscellaneous petitions are closed.

28.07.2025 cs To

1. The Inspector of Police, DUSI Police Station, Thiruvannamalai District.

2. The Public Prosecutor, High Court, Madras. 3 / 4

P.VELMURUGAN, J cs 28.07.2025 4 / 4