S.Iyappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 29/01/2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI and CRL MP(MD). Nos.3801 and 3803 of 2024

1. S.Iyappan,

2. Prabaharan,

3. Manikandan,

4. Manikandan ... Petitioners Vs

1. The Inspector of Police, Perumalpuram Police Station, Tirunelveli City, Cr.No.119/2023.

2. Ravichandran, The Special Sub Inspector of Police - 355, City Highway Patrol-II, Tirunelvlei City.

... Respondents PRAYER :- To call for the entire records pertaining to the case in SC No.9/2024 on the file of the learned Chief Judicial Magistrate Tirunelveli and quash the same as against the petitioner.

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For Petitioner : Mr. Anand R., Advocate.

For Respondent : Mr.M.Sakthi Kumar for R1 Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition is filed to call for the records pertaining to the case in SC No.9/2024 on the file of the learned Chief Judicial Magistrate Tirunelveli and quash the same as illegal.

2. It is the contention of the learned counsel appearing for the petitioner that there is no case made out from the materials collected by the prosecution as against the petitioner. Hence, seek to quash the final report.

3. The very submissions of the learned counsel appearing for the petitioner indicate P.W.1 and P.W.10 have been examined. As the substantive evidence had already come on record and documents have also been filed by the witnesses, at this stage, this Court cannot conduct a mini trial. This Court, exercising its jurisdiction under Section 528 2/4

BNSS, cannot conduct a roving enquiry or mini trial as held by the Hon'ble Supreme Court in Gunmala Sales Private Limited v. Anu Mehta and others reported in (2015) 1 SCC 103. Since already P.W.1 to P.W.10 have deposed their evidence, it is for the trial Court to take note of it and proceed as per law. Hence this Court is not inclined to quash the proceedings. However, the trial Court is directed to complete the trial as expeditiously as possible in SC No.9/2024 on the file of the learned Chief Judicial Magistrate Tirunelveli, within a period of three months from the date of receipt of a copy of this order.

4. With the above direction, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions stand closed.

29.01.2026 NCC : yes / no Index : yes / no Internet : yes /no pnn 3/4

L. VICTORIA GOWRI, J pnn To 1.The Chief Judicial Magistrate, Tirunelveli.

2. The Inspector of Police, Perumalpuram Police Station, Tirunelveli City, Cr.No.119/2023.

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

ORDER

IN and CRL MP(MD). Nos.3801 and 3803 of 2024 Date : 29/01/2026 4/4