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Madras High CourtCRL OP/15004/2026disposed of

Manikandan v. The Inspector Of Police,

2026-06-15Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-06-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR and Crl.M.P.No.9641 & 9642 of 2026

1. Manikandan S/o.Velayutham, No.188, Nainarkuppam Village, Cheyyar Taluk, Chengalpattu District.

2. C.L.Ahokavarthanan S/o.Loganathan, No.13/7, Mohandoss Lane, Anna Salai, Chennai -2.

..Petitioner(s) Vs

1. The Inspector of Police, Koovthur Police Station, Chengalpattu Distirct.

Cr.No.105/2024

2. Govindammal W/o.Vinayagam, ECR Road, Thepattinam Mugaiyur Post, Chengalpattu District.

..Respondent(s) Criminal Original Petition is filed under Section 528 of BNSS to call for the records in CC.No.428 of 2025 on the file of Judicial Magistrate, Thirukazhikundram and quash the same and Pass any other order that may be deem fit and proper and thus render justice.

For Petitioner(s):

Mr.B.Manoharan For Respondent(s):

Mr.A.Amarnath Counsel for Govt. of Tamil Nadu (Criminal Side)

ORDER

The petitioners / accused who are facing trial in C.C.No.428 of 2025 filed for the offences under Section 294(b), 323, 506(ii) IPC and Section 4 of TNPHW Act, have filed this quash petition.

2. The contention of the petitioners is that the first petitioner is the son-inlaw of the second respondent. After the demise of one Vinayagam, the wife of the second respondent, there was some dispute in distribution of family property and due to which there was a case in counter. The first petitioner had lodged complaint and case in Cr.No.106 of 2024 was registered and charge sheet was filed. The present case is Cr.No.105 of 2024. Both the cases are in the nature of "Case in counter".

3. The learned Counsel for Government of Tamil Nadu (Criminal Side) submitted that the present case pertains to Cr.No.105 of 2024 in which charge sheet has been filed in C.C.No.428 of 2025 and the same has been taken on file by the learned Judicial Magistrate, Thirukazhikundram. As regards Cr.No.106 of 2024, charge sheet has been filed and the same is yet to be taken on file. He

further submitted that following the PSO 566, in both the cases now investigation completed, charge sheet has been filed.

4. In view of the above, the learned Judicial Magistrate, Thirukazhikundram is directed to take the charge sheet filed in Cr.No.106 of 2024, on file, if it is otherwise in order, and thereafter to conduct the trial in both the cases simultaneously, but separately, and render judgment on the same day.

5. In view of the same, this Court stays the Trial in C.C.No.428 of 2025 on the file of the learned Judicial Magistrate, Thirukazhikundram, till the charge sheet in Cr.No.106 of 2024 is taken on file.

6. Accordingly, this Criminal Original Petition is disposed. Connected miscellaneous petitions are closed.

15-06-2026 Index: Yes/No Speaking/Non-speaking order BKN

M.NIRMAL KUMAR, J.

BKN To:

1. The Inspector of Police, Koovathur Police Station, Chengalpattu Distirct.

Cr.No.105/2024

2. The Judicial Magistrate, Thirukazhikundram

3. Public Prosecutor, Madras High Court.

15-06-2026