Vignesh v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 22.07.2025 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN ---

1. Vignesh, S/o Palani

2. Manibharathi, S/o Palani .. Petitioners Vs.

1. The Inspector of Police, Ambur Town Police Station, Ambur. (Crime No.412 of 2023)

2. Vennila, W/o Senthil Kumar .. Respondents Criminal Original Petition filed under Section 528 of the BNSS praying to call for the records relating to the case in C.C.No.43 of 2024 in Crime No.412 of 2023 pending trial on the file of the Judicial Magistrate Court, Ambur and quash the same.

For petitioners : M/s.B.Thiyagarajan For respondents: Dr.C.E.Pratap, Govt. Advocate (Crl. Side) for R-1

ORDER

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The petitioners have filed this petition seeking to call for the records relating to the case in C.C.No.43 of 2024 in Crime No.412 of 2023 pending trial on the file of the Judicial Magistrate Court, Ambur and quash the same.

2. Learned counsel for the petitioners submitted that a false case had been registered against the petitioners. The petitioners have filed a complaint against the de-facto complainant. In order to take revenge, subsequently, the respondents have filed a counter-complaint and therefore, this case is based on the false complaint registered against the petitioners and the complaint has also been delayed, and therefore, the respondents-Police did not consider the same and registered the case in Crime No.412 of 2023 on the basis of the false complaint given by the de-facto complainant.

3. Heard both sides and perused the materials available on record.

4. On a reading of the FIR/complaint, it is seen that there are primafacie allegations against the petitioners and the grounds taken by the petitioners are nothing but the defence, which can be agitated by the petitioners during trial. In view of the same, the petitioners are not entitled to the relief sought for in this petitioin. Hence, this petition is dismissed, with liberty to the petitioners to take all these grounds of attack, as defence during 2 / 4

the course of trial before the trial Court.

22.07.2025 cs To

1. The Inspector of Police, Ambur Town Police Station, Ambur. (Crime No.412 of 2023)

2. The Public Prosecutor, High Court, Madras. P.VELMURUGAN, J 3 / 4

cs 22.07.2025 4 / 4