Rosini v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :12.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.2273 of 2024 and Crl.M.P(MD).Nos.1740 and 1746 of 2024 1.Rosini 2.Sheikh Shardar 3.Sheikh Imran 4.Jahirvuddin 5.Salavuddin

...Petitioners/A2 to A6

Vs.

1.State rep., by The Inspector of Police, All Women Police Station, Thilagar Thidal, Madurai City, Madurai.

Crime No.4 of 2023 2.Shahin ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records relating to the final report in C.C.No.2098 1/4

of 2023 on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai and quash the same as illegal so far as the petitioner is concerned.

For Petitioners : Mr.R.Senthilkumar For R1 : Mr.M.Sakthikumar Government Advocate (Crl.side)

ORDER

Seeking to quash the impugned final report in C.C.No.2098 of 2023 on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai, this criminal original petition is filed. 2.When the matter came up for hearing, the learned Government Advocate (crl.side), on instructions, submitted that already trial has commenced and L.W.1 was examined.

3.As the substantive evidence had already come on record and documents have also been marked through L.W.1, at this stage, this Court cannot conduct a mini trial. This Court, exercising its jurisdiction 2/4

under Section 528 BNSS, cannot conduct a roving enquiry or mini trial as held by the Hon'ble Supreme Court in Gunmala Sales Private Limited Vs., Anu Mehta and others reported in (2015) 1 SCC 103. Hence, this Court is not inclined to quash the proceedings. 4.Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed. 12.02.2026 NCC : Yes / No Index : Yes / No Rmk To 1.The Judicial Magistrate, Additional Mahila Court, Madurai. 2.The Inspector of Police, All Women Police Station, Thilagar Thidal, Madurai City, Madurai.

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

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L.VICTORIA GOWRI, J.

Rmk Crl.O.P.(MD)No.2273 of 2024 12.02.2026 4/4