R.Sachchidanandam v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and Crl.M.P.N.14305 of 2025 R.Sachchidanandam ... Petitioner Vs.

1.

State rep.by Inspector of Police, All Women Police Station (AWPS), Uthangarai, Krishnagiri District, Crime No.27 of 2024.

2.

Chitra ... Respondents Prayer: Criminal Original Petition is filed under Section 528 BNSS, 2023, to call for the records (charge sheet) in C.C.No.78 of 2025 before the learned Judicial Magistrate, Uthangarai, Krishnagiri District. For Petitioners : Mr.S.Naresh Kumar For Respondents : Dr.C.E.Pratap Government Advocate (Crl.Side) for R1 1/6

O R D E R

This Criminal Original Petition is filed to quash the charge sheet in C.C.No.78 of 2025 on the file of the Judicial Magistrate Court, Uthangarai, Krishnagiri District.

2. The case of the prosecution as per the de-facto complainant/second respondent herein is that the petitioner, who has been working as Assistant Head Master in Kommampattu Panchayat Middle School, had sexually harassed the de-facto complainant, who is working as a teacher in the said School. The first respondent-Police registered a case in Crime No.27 of 2024 against the petitioner for the offences punishable under Sections 75(1)(i), 75(1)(ii) and 78(1)(i) of the Bharatiya Nyaya Sanhitha (BNS) 2023 and also filed charge sheet in C.C.No.78 of 2025 before the Judicial Magistrate, Uthangarai, Krishnagiri District.

3. Learned counsel for the petitioner submitted that the petitioner has been working as Assistant Head Master in Kommampattu Panchayat 2/6

Middle School and his wife Roja is also working as a Head Master of the said School. The petitioner is working as a teacher in the same school for the past 17 years with unblemished records. No occurrence had taken place as alleged by the prosecution and the witnesses have also not spoken about the involvement of the petitioner in the alleged occurrence. Moreover, the petitioner was not present in the scene of occurrence. The first respondent-Police failed to consider the materials and erroneously filed a charge sheet against the petitioner and hence, the charge sheet may be quashed against him.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondentPolice and perused the materials available on record.

5. Since no adverse order is passed as against 2nd respondent, notice to 2nd respondent is hereby dispensed with.

6. On a reading of the entire materials, particularly, complaint and statement of the de-facto complainant/victim, it reveals that there are 3/6

prima facie allegations made out against the petitioner and sufficient materials are also available against the petitioner to proceed with the case further. Further, the points raised by the petitioner are matters for trial, which could be adjudicated only before the trial Court and not at this stage. Hence, this Court is not inclined to entertain this petition by invoking Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. However, it is open to the petitioner to raise all the above mentioned points and establish his case before the trial Court.

7. With the above observations, the Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. 23.07.2025 Index : Yes/No Speaking Order : Yes/No ms 4/6

To 1.

The Judicial Magistrate, Uthangarai, Krishnagiri District.

2.

The Inspector of Police, All Women Police Station (AWPS), Uthangarai, Krishnagiri District.

3.

The Public Prosecutor, High Court, Madras.

5/6

P.VELMURUGAN, J ms and Crl.M.P.N.14305 of 2025 23.07.2025 6/6