Sangeetha v. Home, Prohibition And Excise Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2025 CORAM :

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.19454 of 2025 and Crl.M.P.Nos.13374 and 13375 of 2025

1. Sangeetha

2. Chinnathangam

...Petitioners

Vs.

1. The State Rep. by its, The Inspector of Police, Karumadaikoodal Police Station, Salem District.

(Crime No.235/2024)

2. Sambuvalli

...Respondents

Prayer : Criminal Original Petition filed under Section 528 BNSS to call for the records pertaining to the case in C.C.No.61 of 2025 on the file of the Judicial Magistrate No.II, Mettur, and quash the same. For Petitioners : Mr.C.Deepakkumar For Respondents : Mr.S.Vinoth Kumar Govt. Advocate (Crl.Side) for R1 *****

ORDER

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This petition has been filed seeking to quash the case in C.C.No.61 of 2025 pending before the learned Judicial Magistrate No.2, Mettur.

According to learned counsel for the petitioners, it is a family dispute, for which, already civil suit is pending for partition of ancestral property and false case has been filed against the petitioners. Further in the Accident Register, it has been stated that 'assaulted with hand', whereas, in the complaint it has been stated that assaulted with wooden log, which itself shows the malafide intention of the complainant in lodging the false case. Therefore the case has to be quashed. Learned Government Advocate (Crl.Side) would submit that there are prima facie allegations against the petitioners and FIR and the statement recorded from the witnesses reveals involvement of the petitioners. There is no reason to quash the case against the petitioners. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the first respondent and 2/4

perused the materials available on record.

A careful reading of the FIR and the Final Report reveal prima facie case to proceed against the petitioners. The grounds taken by the learned counsel for the petitioners are nothing but defence, which can be agitated before the trial Court. This Court does not find any reason to quash the case at this stage.

Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. However, the petitioners are at liberty to take all their defence before the trial Court.

14.07.2025 cgi Speaking /Non-speaking order To

1. The Judicial Magistrate No.II, Mettur.

2. The Inspector of Police, Karumadaikoodal Police Station, Salem.

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

P.VELMURUGAN, J.

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