Stanley Jayaraj v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and Crl.M.P.Nos.13826 and 13828 of 2025 Stanley Jayaraj ... Petitioner Vs.

1.

State rep.by The Inspector of Police, TIW, Poonamallee Police Station, Poonamallee, Chennai - 600 092, Crime No.726 of 2020.

2.

M.K.Ramamurthy ... Respondents Prayer: Criminal Original Petition is filed under Section 528 BNSS, 2023, to call for the records and quash C.C.No.453 of 2024 on the file of the Judicial Magistrate - 1, Poonamallee.

For Petitioner : Ms.D.Tamilsudar For Respondents : Dr.C.E.Pratap Government Advocate (Crl.Side) for R1 1/5

O R D E R

The Criminal Original Petition is filed to quash the proceedings in C.C.No.453 of 2024 on the file of the Judicial Magistrate - 1, Poonamallee.

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

3. The case of the prosecution as per the de-facto complainant is that on 11.10.2020, while his son was returning home on his two- wheeler bearing Registration No.TN 09 CF 2254 dashed against an unidentified car, which was parked in the same direction on the road, when the driver of the said car suddenly and negligently opened the front door, the door hit the two-wheeler and that his son sustained grievous injuries. Due to the said impact, the de-facto complainant's son died on the way to the hospital. Hence, the first respondent-Police registered a case in Crime No.726 of 2020 against the petitioner for the offences punishable under Sections 279 and 304 A IPC and Sections 121, 134(a), 134(b) and 187 of 2/5

Motor Vehicles Act, 1988 and the petitioner was arrested and released on bail. After investigation, final report was filed on 18.02.2021 before the Judicial Magistrate No.I, Poonamallee in C.C.No.453 of 2024 for the offences punishable under Sections 279 and 304(A) IPC and Sections 121, 134(a), 134(b), 187, 181(3) and 196 of the Motor Vehicles Act, 1988.

4. On a perusal of the records, it is seen that, as some of the offences charged against the petitioner are non compoundable offences, this Court is not inclined to quash the charge sheet in C.C.No.453 of 2024 on the file of the Judicial Magistrate - 1, Poonamallee. Hence, this Criminal Original Petition is dismissed. It is open to the petitioner to work out his remedy in the manner known to law before the trial Court. Consequently, connected miscellaneous petitions are closed. 25.07.2025 Index : Yes/No Speaking Order : Yes/No ms 3/5

To 1.

The Judicial Magistrate No.I, Poonamallee.

2.

The Inspector of Police, TIW, Poonamallee Police Station, Poonamallee, Chennai - 600 092.

3.

The Public Prosecutor, High Court, Madras.

4/5

P.VELMURUGAN, J ms 25.07.2025 5/5