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Madras High CourtCRL OP/34076/2025dismissed

Abdul Rahim v. State Of Tamil Nadu Rep By Its Inspector Of Police

2025-12-15Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.No.23862 of 2025 1.

Abdul Rahim 2.

Baababaseer 3.

Allah Akbar 4.

Shamshad 5.

Shahidha 6.

Nagina ... Petitioners Vs.

1.

The State of Tamil Nadu represented by, The Inspector of Police, Kelamangalam Police Station, Krishnagiri District.

Crime No.333 of 2025.

2.

Sulaiman ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita Act, 2023 to call for the records in Crime No.333 of 2025 dated 16.02.2025 pending on the file of the Kelamangalam Police Station, Krishnagiri and quash the same. For Petitioners : Mr.S.Govindaraju For R1 : Mr.S.Santhosh Government Advocate (Criminal Side) 1/6

O R D E R

This petition has been filed seeking to quash the case in Crime No.333 of 2025 on the file of the Kelamangalam Police Station, Krishnagiri.

2. It is a case of case and counter-case arising out of a dispute between relatives, which allegedly led to a physical altercation. On account of the said dispute, the present complaint has been lodged against the petitioners.

3. The learned counsel for the petitioners submits that a purely civil dispute has been given a criminal colour. He further submits that the de facto complainant and his associates were the aggressors, and that it was the second respondent who assaulted the petitioners and demolished their house. In order to substantiate the said contentions, photographs depicting the entire incident have been produced before this Court. Hence, he prays that this petition may be allowed.

4. Per contra, the learned Government Advocate (Crl.Side), appearing on behalf of the first respondent Police submits that it is a case of case and counter-case and that based on the complaint lodged by second respondent / 2/6

de facto complainant, the present case has been registered against the petitioners. He further submits that the case was registered recently on 23.11.2025. The victim / de facto complainant was assaulted and he was admitted to the hospital.

5. He further submits that the victim / de facto complainant sustained injuries and was admitted to the hospital, and based on the intimation received from the hospital, the first respondent police registered the case against the petitioners. He further submits that the case is at a nascent stage and that a counter-case has also been registered, and that the investigation is still pending.

6. Heard the learned counsel appearing on either side and perused the materials available on record.

7. This Court, having considered the rival submissions and perused the materials placed on record, finds that the allegations emanate from a private dispute between the parties. The case against the petitioners has been registered, and the investigation is still at a nascent stage. At this stage, this Court is not inclined to go into the disputed questions of fact to assess the veracity of the allegations made by either side, which are matters to be 3/6

examined by the investigation agency during the course of investigation.

8. Accordingly, this criminal original petition stands dismissed. Consequently, connected miscellaneous petition is closed. 15.12.2025 rap 4/6

To 1.

The Inspector of Police, Kelamangalam Police Station, Krishnagiri District.

2.

The Public Prosecutor, High Court of Madras.

5/6

A.D.JAGADISH CHANDIRA , J.

rap and Crl.M.P.No.23862 of 2025 15.12.2025 6/6