J. Dineshkumar v. The State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.09.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR and Crl.M.P.Nos.17271 and 17272 of 2025 J.Dinesh Kumar ... Petitioner Vs.

1. State rep. by Inspector of Police Sendamangalam Police Station Namakkal District

2. Rajkumar ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of B.N.S.S. to call for records relating to the charge sheet in P.R.C.No.7 of 2025 on the file of the learned Judicial Magistrate, Sendamangalam, insofar as the petitioner is concerned and to quash the same. For Petitioner : Mr.M.Dinesh For 1st Respondent : Mr.R.Vinothraja Government Advocate (Crl. Side) 1/4

O R D E R

This Criminal Original Petition has been filed to quash the charge sheet in P.R.C.No.7 of 2025 on the file of the learned Judicial Magistrate, Sendamangalam, insofar as the petitioner is concerned.

2. According to the prosecution, the petitioner along with other accused conspired to commit dacoity to rob the daily collection money of a TASMAC shop at Seaiyur from its salesmen and pursuant to the conspiracy, on 26.04.2024, the other accused followed the TASMAC employees, attacked them with weapons, threw chilli powder on them and caused grievous injures including severing of one victim's hand and robbed Rs.75,200/-. After completion of investigation, the final report was filed for the offences under Sections 395, 397 and 120B IPC.

3. According to the learned counsel for the petitioner, the petitioner has been arrayed as A4 and he has been charged only for the offence under Section 120B IPC, but that there is no material against the petitioner in the entire final report. Hence, he seeks to quash the final report as against the petitioner.

4. A perusal of the final report and the statements of the witnesses indicate that 9 persons came in two wheelers and attacked the victims. As far as the charge under Section 120B IPC is concerned, there cannot be any 2/4

direct evidence. The charge of conspiracy can be proved by any other circumstantial evidence and all the facts can be unearthed only based on the substantial evidence during trial. At this stage, this Court cannot conduct a mini trial to quash the proceedings.

5. Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petitions are closed. 17.09.2025 ksa-2 Index:Yes/No Speaking/Non-speaking order To 1.The Judicial Magistrate, Sendamangalam

2. Inspector of Police Sendamangalam Police Station Namakkal District

3. The Public Prosecutor High Court of Madras, Chennai 3/4

N. SATHISH KUMAR , J.

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