Abishek v. State Of Tamilnadu Rep By Inspector Of Police, Aviyur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27/01/2026

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and CRL MP(MD). No.1125 and 1127 of 2026 Abishek ... Petitioner Vs

1. State of Tamilnadu Rep by Inspector of Police, Aviyur Police Station, Virudhunagar District.

Crime No. 68 of 2024.

2. Sivanesan, Sub-Inspector of Police, Aviyur Police Station, Pudukottai District.

... Respondents PRAYER :- To call for the records pertaining to the impugned Charge Sheet in S.T.C. No. 246 of 2024 on the file of the Learned Judicial Magistrate No.II, Virudhunagar and Quash the same as illegal as so far as the petitioner is concerned.

For Petitioner : Mr. N.Jeyaram Sidharth, Advocate.

For Respondent : Mr.B.Thanga Aravindh for R1 Government Advocate (Crl.Side) 1/4

ORDER

This Criminal Original Petition is filed to call for the records pertaining to the impugned Charge Sheet in S.T.C. No. 246 of 2024 on the file of the Learned Judicial Magistrate No.II, Virudhunagar and Quash the same as illegal as so far as the petitioner is concerned.

2. It is seen that on 26.05.2024, at about 01.00 p.m., when the second respondent police was on regular patrol duty, the petitioner along with other accused persons have joined together, abused the general public in the locality in filthy language and criminally intimidated them and caused disturbance to the free movement of the vehicles, even after they were warned by the respondent police. Therefore, the police have arrested the accused persons and registered a FIR in Crime No.68 of 2024, for the offence under Section 296(b) of BNS. A final report has also been filed and taken cognizance in STC No.246 of 2024 before the learned Judicial Magistrate No.II, Virudhunagar. Quashing the final report as against the petitioner herein, this Criminal Original Petition came to be filed.

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3. A careful reading of the charge sheet itself reveals that no qualifying words was spelled or uttered by the petitioner herein to attract the offence under Section 296(b) of IPC. It is also seen from the charge sheet, the entire allegations are simple and trivial in nature. There is no chance for conviction, since the allegations are vague and bald and no specific overtact as against the petitioner. As such to meet the ends of justice, this Court is inclined to quash the proceedings.

4. Accordingly, this Criminal Original Petition stands allowed and the proceedings in STC No.246 of 2024 before the learned Judicial Magistrate No.II, Virudhunagar, is hereby quashed. Consequently, connected miscellaneous petitions stand closed. 27.01.2026 NCC : yes / no Index : yes / no Internet : yes / no pnn 3/4

L.VICTORIA GOWRI, J pnn To

1. Judicial Magistrate No.II, Virudhunagar.

2. Inspector of Police, Aviyur Police Station, Virudhunagar District. Crime No. 68 of 2024.

3. Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN and CRL MP(MD). No.1125 and 1127 of 2026 Date : 27/01/2026 4/4