Madras High CourtCRL OP/26245/2025dismissed

M.Jelin Jayakumari v. The State Rep By, Inspector Of Police,

2025-09-24Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. M.Jelin Jayakumari W/o. Mustafa, D/No.12, 2nd Street, R.E.Nagar, Porur, Chennai - 600116.

2. M.Fancy Berciyal D/o. Mustafa, D/No. 12, 2nd Street, R.E.Nagar, Porur, Chennai - 600116.

Petitioner(s) Vs

1. The State Rep by, Inspector of Police, R-5, Virugambakkam Police Station, Chennai - 600092.

2.M.Sukumar S/o.Mohan, No.94/A, Krishna nagar, 1st Street, Virugambakkam, Chennai - 600092.

Respondent(s) PRAYER : Criminal Original Petition filed under section 528 of BNSS to call for the records in CC.No.2909/2023 on the file of XXIII Metropolitan magistrate Court, Saidapet and quash the same.

For Petitioner(s):

S.Sridevi S.Dhanalakshmi N.Kirupa For Respondent(s):

Public Prosecutor

ORDER

Challenging the final report filed in C.C.No.2909 of 2023 on the file of the XXIII Metropolitan Magistrate Court, Saidapet for the offences under sections 294[b], 448, 336 and 506[ii] IPC, the present Criminal Original Petition has been filed.

2. The allegation against the petitioners in the Final Report is that the petitioners had attacked the defacto complainant in a tenancy dispute and caused injury besides abused him with vituperative language.

3. Though much emphasis has been made by the learned counsel appearing for the petitioners that it is a false case due to dispute between the parties and there are no materials available on record to prove the allegations against the accused, on a perusal of the statement of the witnesses reveals that

there are specific allegations made against the accused, this Court is of the view that this is not a fit case to quash the final report. It is for the petitioners to establish their case before the trial Court.

4. Accordingly, this Criminal Original Petition is dismissed. 24-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc To

1. The XXIII Metropolitan Magistrate, Saidapet, Chennai.

2. The Inspector of Police, R-5, Virugambakkam Police Station, Chennai-600 092.

3. The Public Prosecutor, High Court, Madras.

N.SATHISH KUMAR J.

vrc 24-09-2025