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Madras High CourtCRL OP/18754/2025dismissed

Premkumar v. The State Through

2025-07-03Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.18754 of 2025 and Crl.M.P.Nos.12547 & 12548 of 2025 Premkumar ... Petitioner Vs.

The State through The Inspector of Police, Sivakanchi Police Station, Kancheepuram District. ... Respondent PRAYER: Criminal Original Petition filed under Section 528 of BNSS 2023, to call for the records relating to the final report in PRC No.22 of 2022 dated 13.7.2020 pending on the file of the learned Judicial Magistrate No.I, Kancheepuram, registered for the alleged offence under Section 399 of the Indian Penal Code, 1860 and be further pleased to quash the same as being unlawful and unsustainable in law as far as the petitioner is concerned.

For Petitioner : Mr.A.Manoj Kumar For Respondent : 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 relating to the final report in PRC No.22 of 2022 dated 13.7.2020 pending on the file of the learned Judicial Magistrate No.I, Kancheepuram, registered for the alleged offence under Section 399 of the Indian Penal Code, 1860 and to quash the same.

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. Learned Counsel for the petitioner submitted that contents of F.I.R and statement of witnesses are contrary to each other and no recovery was made by the respondent-Police. The respondent Police registered a false case as against the petitioner. Further, he submitted that no previous case is pending against the petitioner and only in order to lodge a false case against the petitioner, the respondent-Police have created a confession statement. Hence, prayed for quashing of final

report filed in PRC No.22 of 2022 dated 13.7.2020 pending on the file of the learned Judicial Magistrate No.I, Kancheepuram.

4. On a reading of complaint, F.I.R and also statements of witnesses, it is seen that prima facie allegations are available as against the petitioner. The grounds taken by the petitioner to quash the above said case is nothing but defence and the same can be agitated only during the course of trial before the Trial Court.

5. In view of the above, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed. 03.07.2025 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The Judicial Magistrate No.I, Kancheepuram,

2. The Inspector of Police, Sivakanchi Police Station, Kancheepuram District.

3. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa Crl.O.P.No.18754 of 2025 and Crl.M.P.Nos.12547 & 12548 of 2025 03.07.2025