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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2025

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.26910 of 2025 and Crl.M.P.Nos.18365 &18371 of 2025 1.Rajesh 2.Siva 3.Arumugam 4.Jayakodi 5.Saroja 6.Ramalingam 7.Usha 8.Elangovan 9.Karpagam ... Petitioners Vs.

1.State rep. by The Inspector of Police, Sendurai Police Station, Ariyalur.

2.Alaguvel ... Respondents

Prayer: Petition filed under Section 528 of BNSS, to call for the entire records pertaining to the final report in C.C.No.60 of 2021 on the file of the District Munsif cum Judicial Magistrate Court, Sendurai and quash the same with respect of the petitioners.

For Petitioners :

Mr.P.Parthi Kannan For Respondent-1 :

Mr.K.M.D.Muhilan, APP

O R D E R

Challenging the final report filed against the petitioners herein in C.C.No.60 of 2021 on the file of the learned District Munsif cum Judicial Magistrate, Sendurai, the present Criminal Original Petition has been filed.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing on behalf of the first respondent.

3. The learned counsel for the petitioners submitted that there was a pathway dispute between the petitioners and the second respondent's family, due to which, the alleged FIR was registered and a final report has been filed and the same was taken on file in C.C.No.60 of 2021 by the learned District

Munsif cum Judicial Magistrate, Sendurai. He further submitted that a false case has been registered against them and they have not committed any offence as alleged by the prosecution and hence, he prayed to quash the final report filed in C.C.No.60 of 2021 on the file of the learned District Munsif cum Judicial Magistrate, Sendurai.

4. The learned Additional Public Prosecutor submitted that this is a case in counter and due to civil dispute, there was a quarrel between the parties and during the said quarrel, the petitioners herein had caused injuries to the second respondent and his parents.

5. On perusal of the records reveal that the case pertains to pathway dispute between the parties, which is of civil in nature. The medical reports evidences the injuries sustained by the de-facto complainant and his parents. In regard to the same issue, a case was given by the petitioners, which was also taken on file in C.C.No.59 of 2021 and is pending. In such view of the matter, the trial Court is directed to dispose of both the cases by conducting trial simultaneously. Till such time, the appearance of the petitioners herein before the Court concerned is dispensed with, except for receipt of copies, answering the charges, questioning under Section 313 Cr.P.C./Section 351

BNSS and on the date of pronouncing judgment and on any other dates as fixed by the trial Court.

6. With the above observations and direction, the Criminal Original Petition stands dismissed. Consequently, connected Miscellaneous Petitions are closed.

15.10.2025 DP

To 1.The District Munsif cum Judicial Magistrate, Sendurai.

2. The Inspector of Police, Sendurai Police Station, Ariyalur.

3.The Public Prosecutor, Madras High Court.

N.SATHISH KUMAR.J, DP Crl.O.P.No.26910 of 2025 and Crl.M.P.Nos.18365 &18371 of 2025 15.10.2025