Madras High CourtCRL OP/21343/2025dismissed

Manisekar v. The State Rep By, The Sub Inspector Of Police,

2025-07-30Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 30.07.2025 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and Crl.M.P.Nos.14622 and 14624 of 2025 ---

1. Manisekar

2. Arivukarasi

3. Ganesan @ Kaneshan

4. Sivakumar @ Siva

5. Uppili

6. Pakkirisamy @ Packirisamy

7. Mani

8. Sankar .. Petitioners Vs.

1. The State Rep. by The Sub Inspector of Police, Jayankondam Police Station, Ariyalur District.

(Crime No.43 of 2024)

2. Rabakka Mary .. Respondents Criminal Original Petition filed under Section 528 of the BNSS, 1 / 4

praying to call for the records and quash the charge-sheet in C.C.No.93 of 2024, pending on the file of the Judicial Magistrate No.1, Jayankondam, Ariyalur District, so far as the petitioners are concerned. For petitioners : M/s.G.Pugazhenthi For respondents: Mr.S.Vinoth Kumar, Govt. Advocate (Crl. Side) for R.1

ORDER

This petition is filed praying to call for the records and quash the charge-sheet in C.C.No.93 of 2024, pending on the file of the Judicial Magistrate No.1, Jayankondam, Ariyalur District, so far as the petitioners are concerned.

2. Learned counsel for the petitioner submitted that there are no specific allegations against the petitioners and therefore, the complaint is motivated and hence, C.C.No.93 of 2024 may be quashed.

3. This Court heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the first respondent and perused the materials available on record.

4. On a reading of the complaint, FIR, charge-sheet and the statement 2 / 4

of the witnesses, it is clear that there are prima-facie allegations against the petitioners and there are sufficient materials to proceed the case against the petitioners. The grounds taken by the petitioners are nothing but defence, which can be agitated only during the course of trial and not at this stage.

5. Therefore, in the above facts and circumstances, this Court is not inclined to quash C.C.No.93 of 2024. Accordingly, this petition is dismissed. The petitioners are at liberty to take all their defence during the course of trial. The miscellaneous petitions are closed. 30.07.2025 cs To

1. The Sub Inspector of Police, Jayankondam Police Station, Ariyalur District.

(Crime No.43 of 2024)

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

cs 30.07.2025 4 / 4