R.Vijaya v. State Rep By Its, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 01.08.2025 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.O.P.No.21600 of 2025 & Crl.M.P.No.14787 of 2025 -- 1.R.Vijaya 2.G.Vana Narayanan .. Petitioners Vs.

State Rep. by its Inspector of Police, Law and Order, E-1-Mylapore Police Station, Mylapore, Chennai - 4.

.. Respondent Criminal Original Petition filed under Section 528 of BNSS, to call for the records relating to Cr.No.349 of 2025 is pending on the file of the 1st respondent Police and quash the same in so far as the first petitioner/accused & second petitioner / accused are concerned.

For petitioner : Mr.Elangovan For respondent : Dr.C.E.Pratap Government Advocate (Criminal Side) 1 / 5

ORDER

This Criminal Original Petition has been filed to quash the case in Crime No.349 of 2025 on the file of the first respondent police for the offences under Sections 294(b), 115(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023.

2. The case arises out of a complaint lodged by the second respondent, who is the father of the petitioners, alleging that the petitioners abused and threatened him. The petitioners are daughter and son of the de-facto complainant. The first petitioner is a widow and single mother, who had been residing with her minor daughter in the de-facto complainant's premises since 2012 and running a small grocery shop there. On 18.05.2025, she was allegedly assaulted and evicted from the premises. Prior to registration of the present FIR, she had lodged earlier complaints against the de-facto complainant and his family members, alleging harassment and unlawful eviction. The second petitioner is an advocate and is alleged to have recorded the incident on his mobile phone. The petitioners contend that the present FIR is false and was lodged in retaliation to their earlier complaints.

3. On consideration of the submissions and the materials placed, it is seen that there are allegations which require investigation. A counter complaint by the petitioners against the de-facto complainant is also pending investigation. Since both matters arise out of the same incident, they shall be investigated simultaneously to avoid conflicting findings.

2 / 5

4. Accordingly, this Criminal Original Petition is dismissed. The respondent police are directed to complete the investigation in Crime No.349 of 2025 and the connected counter case simultaneously and file final reports in both matters within two months from the date of receipt of a copy of this order.

5. With the above direction, the Criminal Original petition stands disposed of. Consequently, connected miscellaneous petition is closed. 01.08.2025 r n s Index : Yes/No Speaking Order : Yes/No 3 / 5

To 1.The Inspector of Police, Law and Order, E-1-Mylapore Police Station, Mylapore, Chennai - 4.

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

P.VELMURUGAN, J r n s Crl.O.P.No.21600 of 2025 & Crl.M.P.No.14787 of 2025 01.08.2025 5 / 5