S.Velusamy v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR S.Velusamy S/o.Sengappanayakkar, No.1/351, Ganthi Nagar 1st street, Pappamaalpuram, Aundipatty, Theni - 625 512.

Petitioner Vs

1. The State Rep. by The Inspector of Police, Ambalur Police Station, Thirupathur District.

2.Mr.Boopal, The Village Administrative Officer, Ambalur,Vaniyambadi Taluk.

Respondent(s) PRAYER This Criminal Original Petition is filed under Section 528 of BNSS to call for the records and quash the first information report in Crime No.63 of 2025 dated 13.05.2025 on the file of the 1st respondent. 1/4

For Petitioner(s):

Mr.P.Praveen Samadhanam For Mr.Balasubramani For Respondent(s):

Mr.R.Vinoth Raja Government Advocate (Crl.Side) For R1

ORDER

This Criminal Original Petition has been filed to call for the records and to quash the First Information Report in Crime No.63 of 2025 dated 13.05.2025 on the file of the first respondent-Police.

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

3. The allegation made against the petitioner is that, without permission, the petitioner has levelled the river-bund with Hitachi JCB vehicle. Except that allegation that he levelled the river-bund, no other allegation is made as against the petitioner in the F.I.R.

4. On a perusal of the materials available on record, more particularly, the Engineer's report dated 15.5.2025, it clearly indicates that only for the 2/4

temple festival at the particular date that contractor has given JCB to make the proper way to the people. Except that, no other allegation is attributed as against the petitioner. Only on the request of the village people to level the road, the petitioner has used the JCB vehicle to level the land which has led to lodging of the criminal complaint, which is clear abuse of process of law. Considering the nature of allegations and as no damage had occurred, this Court is inclined to quash the F.I.R dated 13.05.2025 in Crime No.63 of 2025 on the file of the first respondent-Police. Accordingly, the same is quashed.

5. In view of the above, this Criminal Original Petition is allowed. 17-09-2025 mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Inspector of Police, Ambalur Police Station, Thirupathur District. 2.The Public Prosecutor, High Court, Chennai.

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N.SATHISH KUMAR J.

mfa CRL OP No. 25433 of 17-09-2025 4/4