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Madras High CourtCRL OP/16517/2026disposed of

D.Ramu v. The State Rep By, The Inspector Of Police

2026-06-30Honourable Mr.Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-06-2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY D.Ramu ..Petitioner(s) Vs

1. The State Rep By, The Inspector of Police DCB, Tiruvannamalai.

2. The Sub-Inspector Of Police DCB II, Tiruvannamalai.

3. A.Dhatchayani ..Respondent(s) Criminal Original Petition filed under Section 528 of BNSS, 2023 to call for the records pursuant to Crl.MP.No.436 of 2026 pending on the file of the Judicial Magistrate No.I, Tiruvannamalai and quash the same by allowing this Criminal Original Petition.

For Petitioner(s):

B.Manibharathi For Respondent(s):

Mr.M.Mohamed Riyaz, Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition is filed to call for the records pertaining to Crl.M.P.No.436 of 2026 pending on the file of the Judicial Magistrate No.I, Tiruvannamalai.

2. A perusal of the records shows that the above Criminal Miscellaneous Petition has been filed under Section 175 of the BNSS seeking a direction to forward the complaint to the jurisdictional police for investigation. Thus, it can be seen that the case of the defacto complainant is that, despite lodging a complaint, no action has been taken and, therefore, he has approached the learned Magistrate. At this pre-prosecution stage, the grounds raised by the proposed accused cannot be entertained or adjudicated upon. Only if action is taken by way of registration of a First Information Report, it will be open to the petitioner to challenge the First Information Report, if he has any grounds to do so.

3. In view thereof, keeping such liberty open, the present prayer to interfere with Crl.M.P.No.436 of 2026 pending on the file of the Judicial Magistrate No.I, Tiruvannamalai, at this stage cannot be entertained.

4. Accordingly, this Criminal Original Petition is disposed of. 30-06-2026 skr

To

1. The Inspector of Police, DCB, Tiruvannamalai.

2. The Sub-Inspector of Police, DCB-II, Tiruvannamalai.

3. The Public Prosecutor, Madras High Court, Chennai.

D.BHARATHA CHAKRAVARTHY, J.

skr 30-06-2026