Murugesan v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2025
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P.No. 25517 of 2025 and Crl.M.P.No.17287 of 2025 Murugesan ... Petitioner Vs.
The State Rep By:
1.
The Inspector of Police, Elavanasoor Police Station, Kallakurichi District, Crime No.21 of 2025.
2.
M.Murugan ... Respondents Prayer: Criminal Original Petition is filed under Section 528 BNSS, 2023, to call for the records pertaining to the impugned FIR in Crime No.21 of 2025 on the file of the 1st respondent-Police and quash the same. For Petitioner : Mr.W.Cleetus For Respondents : Mr.R.Vinoth Raja Government Advocate (Crl.Side) for R1
O R D E R
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This Criminal Original Petition has been filed to quash the FIR in Crime No.21 of 2025 on the file of the 1st respondent-Police.
2. 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.
3. The case of the prosecution is that on 22.01.2025 at 2.00 a.m., three unknown persons have entered into the second respondent/de-facto complainant's house and snatched a gold thali weighed about 5 1⁄2 sovereigns from the de-facto complainant. Hence, a case in Crime No.21 of 2025 was registered for the offences punishable under Sections 304(2) and 331(4) of BNS, 2023.
4. The learned Government Advocate (Crl.Side) appearing for the first respondent-Police, on instructions, submitted that based on the confession given by the other co-accused, the petitioner has been arrested and remanded to judicial custody. He further submitted that the investigation is going on and hence, the Criminal Original Petition may be dismissed.
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5. At this juncture, the learned counsel for the petitioner contended that the petitioner's name has not been found in the FIR and in the original complaint. Only based on the confession given by Panneer Selvam and Shanmugam, the petitioner has been falsely implicated in the alleged offences.
6. At the outset, this Court is of the view that investigation is on and part of such huge crime is unearthed and hence, this Court does not find any merit in the present petition. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.
22.09.2025 Index : Yes/No Speaking Order : Yes/No ms Page Nos.3/5
To
1. The Inspector of Police, Elavanasoor Police Station, Kallakurichi District.
2. The Public Prosecutor, High Court, Madras.
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N. SATHISH KUMAR, J.
ms 22.09.2025 (1/2) Page Nos.5/5