Chellam v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.07.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.18937 of 2025 and Crl.M.P.No.12758 of 2025 Chellam ... Petitioner Vs

1. The Inspector of Police, The Kachirayapalayam Police Station, Kallakurichi District.

2. Kundal Raji @ Raji ... Respondents PRAYER:

Criminal Original Petition filed under Section 528 of BNSS 2023, to call for the records of the case in Crime No.129 of 2025 on the file of the Sub Inspector of Police, (1st respondent) Kachirayapalayam Police Station, Kallakurichi (including general diary) and quash the same as against the petitioner.

For Petitioner : Mr.A.Prakash For R1 : Dr.C.E.Pratap Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to call for the records of the case in Crime No.129 of 2025 on the file of the Sub Inspector of Police, (1st respondent) Kachirayapalayam Police Station, Kallakurichi (including general diary) and quash the same as against the petitioner.

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

3. Since no adverse order is being passed against the second respondent, notice to the second respondent is dispensed with.

4. The learned counsel for the petitioner submitted that in order to wreak vengeance on the petitioner, the first respondent registered a false case in F.I.R No.129 of 2025 as against the petitioner. The alleged date of cause of action is not true. No material evidence is available to prove the allegations made against the petitioner.

5. On a reading of contents of F.I.R, this Court finds that there is specific overtact as against the petitioner and further prima facie allegations are available as against the petitioner. Investigation only will reveals the truth. Hence, this Court is not inclined to quash the F.I.R at this stage. Further, the respondent-Police is directed to complete the investigation and file a charge sheet within a period of two months from the date of receipt of a copy of this order. The petitioner is at liberty to workout her remedy after filing of charge sheet before the Court concerned.

6. With the abovesaid direction, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. 09.07.2025 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The Inspector of Police, The Kachirayapalayam Police Station, Kallakurichi District.

2. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa Crl.O.P.No.18937 of 2025 and Crl.M.P.No.12758 of 2025 09.07.2025