Malaiselvam v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12/02/2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI and CRL MP(MD)Nos.4486 and 4488 of 2025 1.Malaiselvam 2.Sivananthan ... Petitioners / Accused No.3 & 4 Vs 1.The State represented by The Inspector of Police, Keelakarai Police Station, Ramanathapuram District.

(Crime No.24 of 2023) ... 1st Respondent / Complainant 2.Ramachandran ... 2nd Respondent / Defacto Complainant PRAYER :- To call for the records pertaining to the case in S.C.No.44 of 2025 on the file of Additional District Judge, Ramanathapuram in Crime No.24 of 2023 on the file of the first Respondent Police and Quash the same. For Petitioners : Mr.N.Mariappan For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl Side) for R.1 Mr.C.Balamurugapandi for R.2 1/4

ORDER

This Criminal Original Petition is filed to call for the records pertaining to the case in S.C.No.44 of 2025 on the file of Additional District Judge, Ramanathapuram 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 Government Advocate (Crl.side) indicate L.W.1 to L.W.3 have been examined. As the substantive evidence had already come on record and documents have also been marked through the witnesses, at this stage, this Court cannot conduct a mini trial. This Court, exercising its jurisdiction 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 v. Anu Mehta and others reported in (2015) 1 SCC 103. Since already L.W.1 to L.W.3 have deposed their evidence, it is for the trial Court to take note of 2/4

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 S.C.No.44 of 2025 on the file of Additional District Judge, Ramanathapuram, 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.

12.02.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No pnn To 1.The Additional District Judge, Ramanathapuram.

2.The Inspector of Police, Keelakarai Police Station, Ramanathapuram District.

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

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L. VICTORIA GOWRI,J pnn

ORDER

IN CRL OP(MD) No.6136 of 2025 Date : 12/02/2026 4/4