Madras High CourtCRL OP/26980/2025disposed of

Ethiraj v. State The Superintendent Of Police

2025-10-09Honourable Mr Justice N. Sathish Kumar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-10-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR CRL OP Nos. 26980 & 26986 of 2025 CRL OP No. 26980 of 2025 Ethiraj Petitioner(s) in CRL OP No. 26980 of 2025 Vs

1. The State The Superintendent of Police Kanchipuram District 2.The state The Inspector of Police, G2, Uthiramerur Police Station, Kanchipuram District 3.The State The Sub Inspector of Police G2-Uthiramerur Police Station, Kanchipuram District Respondent(s) in CRL OP No. 26980 of 2025 PRAYER To direct the respondent police to conduct the ongoing investigation in Cr.No.395/2024 in a thoroughly fair, impartial and expeditious manner and to include all cognizable offences that are disclosed during the course of investigation.

CRL OP No. 26986 of 2025

1. Ethiraj

2. Amuthaa

3. Naveenraj Petitioner(s) in CRL OP No. 26986 of 2025 Vs 1.The State The Sub Inspector of Police G2-Uthiramerur Police Station, Kanchipuram District

2. E.Paramasivam Respondent(s) in CRL OP No. 26986 of 2025 PRAYER To quash the FIR in Crime No.396 of 2024 on the file of the first respondent Police as against the petitioners for the offences under Sections 125(2), 296(b), 115(2), 118(1), 351(3), of BNS 2023 and Section 4 of TN Prohibition of Harassment of Women Act, 2022.

For Petitioner(s):

Mr.G.R.Hari For Respondent(s):

Mr.R.Vinothraja, Govt. Advocate (Crl. Side)

ORDER

CRL OP No. 26980 of 2025 has been filed seeking the respondent police to conduct investigation in a fair and expeditious manner in Cr.No.395/2024, for the offence under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(3) of BNS 2023 and Section 3(1) of the TN Public Property (Prevention of Damage & Loss) Act, 1992 and Section 4 of TN Prohibition of Harassment of Women Act, 2022.

2. CRL OP No. 26980 of 2025 has been filed seeking to quash the FIR in Crime No.396 of 2024 on the file of the first respondent Police as against the petitioners for the offences under Sections 125(2), 296(b), 115(2), 118(1), 351(3), of BNS 2023 and Section 4 of TN Prohibition of Harassment of Women Act, 2022.

3. The main grievance of the petitioner/Ethiraj is that he is illiterate and he is in possession of the subject property for more than 4 decades on the basis of patta. Since a highway was laid near the said property, its value got increased.

The petitioner's siblings, who are educated, were started to give trouble and tried to vacate him in order to grab the said property. In that process, they also planted explosives in his house, as a result house was burnt. In this regard a complaint was given and an FIR came to be registered in Cr.No.395/2024, but proper investigation was not conducted.

4. His further contention is that since some of his siblings are working in Police Department, a false case has been registered against the petitioners in Crime No.396 of 2024 for the offence under Sections 191(2), 191(3), 296(b), 115(2), 118(1) 351(3) of BNS Act and Section 3(1) of the Public Property (Prevention of Damage & Loss) Act 1992 and Section 4 of TN Prohibition of Harassment of Women Act 2022.

5. Considering the nature of allegations raised by the petitioner and some of his siblings worked in Police Department and one of them is working as a Sub Inspector in Flower Bazaar Police Station, this Court is of the view that the entire matter has to be investigated by an independent Police Officer.

Accordingly, this Court directs Mr.Shankar Ganesh, Deputy Superintendent of Police (DSP) of Kanchipuram District to investigate this matter and unravel the truth. If it is found in the investigation that FIR in Cr.No.396/2024 was registered against the petitioners with a motive, the same shall be dropped against the petitioners. The investigation shall be conducted by the DSP in a fair manner and file a report with a period of two months from the date of receipt of a copy of this order.

6. With the above directions, these petitions are disposed of. 09-10-2025 pvs Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Superintendent of Police Kanchipuram District

2. The Inspector of Police, G2, Uthiramerur Police Station, Kanchipuram District 3.The Sub Inspector of Police G2-Uthiramerur Police Station, Kanchipuram District Copy to Mr.Shankar Ganesh, Deputy Superintendent of Police, Kanchipuram District.

N.SATHISH KUMAR J.

pvs CRL OP Nos. 26980 & 26986 of 2025 09-10-2025