V.Kannan v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-10-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR and CRL MP Nos.18485 & 18488 of 2025 V.Kannan Petitioner(s) Vs

1. State rep by The Inspector of Police Kilvelur Police Station, Nagapattinam 2.A.Saminathan Respondent(s) PRAYER This Criminal Original Petition has been filed to call for the records relating to STC.No.711 of 2024 on the file of the District Munsif cum Judicial Magistrate, Kilvelur and to quash the same as far as the petitioner is concerned. For Petitioner(s):

Mr.Sharath Chandran For Mr.I.Abrar Md Abdullah For R1 Mr.R.Vinoth Raja Government Advocate (Crl.Side) 1/4

ORDER

This Criminal Original Petition has been filed to call for the records relating to STC.No.711 of 2024 on the file of the District Munsif cum Judicial Magistrate, Kilvelur and to quash the same as far as the petitioner is concerned.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent-Police and perused the materials available on record.

3. The allegation made in the final report as against the accused persons is that they removed the compound wall of the defacto complainant and abused him. The petitioner is arrayed as A3 in respect of the alleged offences under Sections 294(b) and 427 of IPC and he seeks to quash the final report filed as against him.

4. In the final report, the charges as against A3 are for the offences under Sections 294(b) and 427 of IPC. The allegation as against A1 and A2 is that they have caused some damages to the defacto complainant's compound wall. On a perusal of the statement of all the witnesses, particularly, in the statement of the defacto complainant, he has stated that A3 abused the defacto complainant, 2/4

whereas, no details are available as to the abusive words allegdly spoken by the petitioner. The petitioner appears to be a blind man and as against him except the statement that he has abused the defacto complainant, no such allegation is attributed as against the petitioner in the entire statements. Considering the same, continuing the prosecution as against A3 is nothing but an abuse of process of law. Hence, the final report as against A3 alone stands quashed.

5. In view of the same, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed. 08-10-2025 mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The District Munsif cum Judicial Magistrate, Kilvelur.

2. The Inspector of Police Kilvelur Police Station, Nagapattinam

3. The Public Prosecutor, High Court, Chennai.

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N.SATHISH KUMAR J.

mfa and CRL MP Nos.18485 & 18488 of 08-10-2025 4/4