Karthick v. The State Rep. By The Sub-Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2025 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.19688 of 2025 and Crl.M.P.Nos.13540 and 13543 of 2025 Karthick ... Petitioner Vs.
1. State Represented by the Sub Inspector of Police E3 Teynampet Police Station 494, Anna Salai Teynampet Chennai - 600 006
2. Anbudhurai.P ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S., to call for the records pertaining to the impugned final report/charge sheet No.FR64/2024 dated 06.03.2024 on the file of the respondent police, Teynampet, Chennai and the same is pending before the XVIII Metropolitan Magistrate Court, Saidapet, in C.C.No.1578 of 2024 and quash the as illegal so far as the petitioner is concerned and order to pay compensation to the petitioner, if the case is falsely alleged against the petitioner. 1/6
For Petitioner : Mr.M.Abivarthan For First Respondent : Dr.C.E.Pratap Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed by the petitioner to quash the impugned final report/charge sheet No.FR-64/2024 dated 06.03.2024 on the file of the respondent police which has been taken on file in C.C.No.1578 of 2024 on the file of the XVIII Metropolitan Magistrate Court, Saidapet, as illegal insofar as the petitioner is concerned and order to pay compensation to the petitioner, if the case is falsely alleged against the petitioner.
2. The case of the petitioner is that the petitioner is a Social Activist and belongs to Indian National Congress Party, Tamil Nadu Circle. The defaco complainant who belongs to DMK party, lodged a false complaint against the petitioner as if, on 28.02.2024, the petitioner along with 30 persons, came to the entrance gate of Anna Arivalayam and abetted the public to create riot 2/6
against the Tamil Nadu Government and also prevented the police from doing their duty. Based on which, the respondent police registered a case against the petitioner in Crime No.56 of 2024 for the offences under Section 294(b), 353, 505(1)(b) and 506(1) IPC on 28.02.2024 and within 7 days, i.e. on 06.03.2024 itself, the respondent police filed the charge sheet which has been taken on file in C.C.No.1578 of 2024 on the file of the XVIII Metropolitan Magistrate Court, Saidapet. Hence, the present petition is filed to quash the case in C.C.No.1578 of 2024.
3. The contention of the petitioner is that there is no material evidence to show that the petitioner committed the alleged offence. Further, though in the charge sheet it is stated that 30 men and women were standing along with the petitioner, none of the 30 persons have been shown as an eyewitness in the charge sheet. Therefore, facing the ordeal of trial, is nothing but a futile exercise. Therefore, the case against the petitioner in C.C.No.1578 of 2024 has to be quashed.
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4. The learned Government Advocate (Crl. Side) appearing for the first respondent police submitted that the trial has already commenced. So far, two witnesses have been examined on the side of the prosecution and the remaining seven witnesses are to be examined.
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 materials shows that there is a specific allegation against the petitioner. Now the trial has commenced and at this stage, this Court finds no grounds to quash the case in C.C.No.1578 of 2024.
8. Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petitions are closed. 4/6
9. However, the petitioner is at liberty to take all his defence before the trial Court during trial.
15.07.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 To
1. The XVIII Metropolitan Magistrate Court, Saidapet
2. The Sub Inspector of Police E3 Teynampet Police Station 494, Anna Salai, Teynampet Chennai - 600 006 3.The Public Prosecutor High Court of Madras, Chennai.
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P.VELMURUGAN,J.
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