Madras High CourtCRL OP(MD)/4632/2026dismissed

P.Saravanan v. The State Of Tamilnadu, Rep. By The Sub Inspector Of Police, Thenkarai

2026-03-24Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2026

CORAM:

THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR and Crl.M.P(MD).No.4919 of 2026 P.Saravanan ... Petitioner Vs.

1.The State of Tamil Nadu Rep.by the Sub Inspector of Police Thenkarai Police Station Periyakulam Theni District Crime No.528 of 2025 2.Er.Kamalakannan Assistant Engineer Water Resources Department Irrigation Division Periyakulam Theni District ... Respondents PRAYER: Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to the FIR in Crime No.528 of 2025 on the file of the Sub Inspector of Police, Thenkarai Police Station, Theni District and quash as against the petitioners as the same is illegal and devoid of merits.

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For Petitioner : Mr.D.Muruganantham For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.side) for R1 : No appearance for R2

ORDER

The present petition has been filed by the first accused in Crime No.528 of 2025 on the file of the respondent police seeking to quash the F.I.R wherein the petitioner is alleged to have committed an offence under Section 324(4) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 3(1) of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992. 2.A perusal of the F.I.R reveals that the petitioner along with another person are said to have damaged the bund of the channel. 3.According to the learned counsel appearing for the petitioner, the petitioner is a Vice President of the Panchayat and due to personal enmity, the present F.I.R has been registered. He further submitted that the petitioner had filed WP(MD).No.25707 of 2022 for removal of encroachment in the water-body and the same was allowed on 14.11.2022. Thereafter, contempt proceedings has been initiated as against the official respondents in Cont.P(MD).No.2647 of 2023 and orders were passed in the contempt proceedings. Therefore, out of personal vengeance, the present F.I.R has been registered.

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4.A perusal of the F.I.R reveals that the petitioner and another accused person are said to have damaged the bund of the channel. According to the petitioner, the present criminal case has been registered pursuant to some personal vengeance.

5.A perusal of the orders passed by this Court reveals that those proceedings ended in the year 2022 and the present F.I.R has been registered on 13.09.2025 after a period of three years. Therefore, the facts and circumstances of the case do not warrant interference by this Court. 6.Considering the fact that prima facie is made out as against the petitioner and no legal grounds has been raised for quashing of the F.I.R, this Court is not inclined to entertain the petition. There are no merits in this petition. Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed. 24.03.2026 Internet : Yes/No Index : Yes/No NCC : Yes/No msa 3/5

To 1.The Sub Inspector of Police Thenkarai Police Station Periyakulam Theni District Crime No.528 of 2025 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR,J.

msa and Crl.M.P(MD).No.4919 of 2026 24.03.2026 5/5