Madras High CourtCRL OP/23807/2025dismissed

Selvam v. The State Rep By, The Inspector Of Police,

2025-09-03Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR and Crl.M.P.No.16269 of 2025 Selvam S/o.Mr.Arul Petitioner(s) Vs

1. The State Rep by, The Inspector of Police, Cuddalore OT, Cuddalore.

2.Sivagnanmurugan S/o.Sarangam, No.26, East Street, Chinna Karaikadu, Keppar Kuvari, Cuddalore T.K.

Respondent(s) PRAYER This Criminal Original Petition has been filed under Section 528 of BNSS to call for the records pertaining to the CC No.280/2022 pending on the file of the Learned Chief Judicial Magistrate-II, Cuddalore and consequently set aside and the quash the same.

For Petitioner(s):

B.Leelesh Sundram For Respondent(s):

Mr. K.M.D.Muhilan, Addl. Public Prosecutor, for R1 1/4

ORDER

This Criminal Original Petition has been filed to quash the CC No.280 of 2022 on the file of the Chief Judicial Magistrate-II, Cuddalore.

2. The petitioner, who is arrayed as A2, is facing trial in CC No. 280 of 2022 for the offences under Sections 341, 294(b), 323, 324, 506(ii) & 326 of IPC.

3. The allegation against the petitioner/A2 is that he abused the defacto complainant in filthy language and assaulted him and thereby caused injuries to him.

4. 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 records carefully. 2/4

5. On perusal of the statement of the defacto complainant/victim, this Court is of the view that he has made a specific allegation against the petitioner/A2 and medical evidence also indicates the nature of the injury sustained. The allegations have to be gone into and tested only during trial. In such view of the matter, I do not find any merit to quash the FIR.

6. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. However, the personal appearance of the petitioner is dispensed with before the trial Court, except for receipt of copies, answering the charges, questioning under section 313 Cr.P.C./351 of BNSS and on the date of pronouncing judgment and on any other dates as fixed by the trial Court.

03-09-2025 mrp 3/4

N.SATHISH KUMAR J.

mrp To The Inspector of Police, Cuddalore OT, Cuddalore.

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