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Madras High CourtCRL OP/18931/2025dismissed

C.Senthurapandi @ Senthurapandiyan v. State By The Sub Inspector Of Police

2025-07-09Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.07.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN C.Senthurapandi @ Senthurapandiyan ... Petitioner Vs.

1. State By: The Sub-Inspector of Police Ariyalur Police Station Ariyalur District (Crime No.47 of 2023)

2. Tamilarasan ... Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for records in STC No.424 of 2025 on the file of the Judicial Magistrate No.1, Ariyalur and to quash the same. For Petitioner : Mr.P.Pugalenthi For First Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl. Side)

O R D E R

The Criminal Original Petition has been filed by the petitioner to quash the case in STC No.424 of 2025 on the file of the Judicial Magistrate No.1, Ariyalur.

2. The case of the petitioner is that the defacto complainant who is 1/5

the District Union Organiser of Vidudhalai Chiruthaigal Katchui, Ariyalur lodged a complaint before the respondent police alleging that the petitioner published some defamatory news in the face book and whats app against his political party leader who is a member of parliament, which has angered the members of the party. Based on which, the respondent police registered the FIR in Crime No.47 of 2023 for the offences under Sections 153 and 504 IPC and after completion of investigation, laid the charge sheet and the same was taken on file in STC No.424 of 2025 on the file of the Judicial Magistrate No.1, Ariyalur. Pending case, the present petition is filed to quash the case in STC No.424 of 2025.

3. The learned counsel for the petitioner submitted that the petitioner is a student and he is no way connected with the alleged offence. Further, the post was immediately deleted and due to pendency of the case, the petitioner is unable to move for enrolment. Therefore, the case in STC No.424 of 2025 has to be quashed.

4. The learned Government Advocate (Crl. Side) appearing for the first respondent police submitted that there is a specific allegation and overt-act against the petitioner and that the allegation is serious in nature. 2/5

Further, tension prevails in the local area.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the first respondent police and also perused the materials available on record.

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

7. A perusal of the records and the statements of the witnesses reveals prima facie allegations and specific overt-act against the petitioner and that there are sufficient materials to proceed the case further. Therefore, this Court is not inclined to quash the case in STC No.424 of 2025.

8. Accordingly, this Criminal Original Petition is dismissed at the admission stage itself.

9. However, the petitioner is at liberty to take all his defence before the trial Court during trial and work out his remedy in the manner known to law.

09.07.2025 Index : Yes/No Speaking Order : Yes/No ksa-2 3/5

To

1. The Judicial Magistrate No.1, Ariyalur.

2. The Sub-Inspector of Police Ariyalur Police Station Ariyalur District

3. The Public Prosecutor High Court of Madras, Chennai 4/5

P.VELMURUGAN, J ksa-2 09.07.2025 5/5