Madras High CourtCRL OP(MD)/5492/2026dismissed

Mari @ Marimuthu v. State Of Tamilnadu Rep By Inspector Of Police, Sathankulam

2026-03-17Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.5492 of 2026 and Crl.MP(MD)No.5948 of 2026

1. Mari @ Marimuthu ... Petitioner/ Accused No.1 2.Sundar ... Petitioners/ Rank Not Known Vs

1. The State of Tamilnadu Rep. by it's the Inspector of Police, Sathankulam Police Station, Thoothukudi District (Crime No.66 of 2026) ... 1st Respondent/Complainant

2. Maheshwari ... 2nd Respondent/DefactoComplainant PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the records relating to the criminal case in Crime No.66 of 2026 pending on the file the respondent police and quash the same. For Petitioners : Mr. P.Balamurugan For Respondent : Mr. B.Thanga Aravindh Government Advocate(Crl.Side) for R1 1/4

ORDER

The present petition has been filed by A1 and another accused person in Crime No.66 of 2026 on the file of the respondent police seeking to quash the FIR where in the petitioners are alleged to have committed the offences under Sections 296(b), 115(2) & 351(2) of BNS, 2023, and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 (Corresponding Sections 294, 323 and 506 of IPC).

2. A perusal of the FIR reveals that the petitioners are said to have driven a car in such a manner so as to dash against the second respondent/defacto complainant with whom there is a property dispute.

3. The learned counsel appearing for the petitioners submits that the petitioners were not present in the scene of occurrence, and CCTV footage will clearly establish the same.

4.However, the learned Government Advocate (Crl.Side) appearing for the first respondent submits that whether the petitioners were presented in the scene of occurrence or not is a matter of investigation, and on that ground the FIR cannot be quashed.

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5. Considering the fact that prima facie case is made up as against the petitioners and no legal grounds have been raised for quashing of the FIR, this Court is not inclined to entertain the present petition. It is for the petitioners to place the record before the respondent police for further investigation.

6. With the above observation, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed. 17.03.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No dss To

1. The Inspector of Police, Sathankulam Police Station, Thoothukudi District.

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

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R.VIJAYAKUMAR , J.

dss Crl.OP.(MD)No.5492 of 2026 and Crl.MP(MD)No.5948 of 2026 17.03.2026 4/4