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Madras High CourtCRL OP(MD)/6717/2026allowed

Palanichamy v. The State Of Tamilnadu

2026-04-07Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :07.04.2026

CORAM:

THE HON'BLE MR JUSTICE R.VIJAYAKUMAR CRL.O.P(MD)No.6717 of 2026 and CRL.M.P(MD)Nos.7282 and 7283 of 2026 1.Palanichamy Son of Shanmugam, Sattur Panchayat Union 8th Ward Member.

2.Vijaya Wife of Dharmar, Sattur Panchayat Union 10th Ward Member.

... Petitioners/Accused No.2 &3 .Vs.

1.The State of Tamil Nadu, represented by the Deputy Superintendent of Police, Investigating Officer, Sattur Town, Virudhunagar District.

...Ist Respondent/Investigating Officer 2.The State of Tamil Nadu,represented by The Sub Inspector of Police, Sattur Town, Virudhunagar District (Crime NO.12 of 2020) ...Second Respondent/ Complainant 1/6

3.A.Kalimuthu, The Election Officer/The Revenue Divisional Officer, Office of the Revenue Divisional Office, Sattur Taluk, Virudhunagar District.

... 3rd Respondent/De-facto complainant PRAYER: Criminal Original Petition filed under Section 528 of BNSS, 2023, praying this Court to call for the records relating to the proceedings in S.T.C.No.29 of 2026, on the file of learned Judicial Magistrate NO.II, Sattur and quash the same insofar as the Petitioners are concerned.

For Petitioners : Mr.T.Antony Arul Raj For Respondents :Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

The present petition has been filed by the accused No.2 and 3 in S.T.C.No.29 of 2026, on the file of learned Judicial Magistrate NO.II, Sattur seeking to quash the charge sheet, wherein, the Petitioners have been charge sheeted for the offence under Section 353 of Indian Penal Code and under Sections 127(1) and 131 of Representation of People Act, 1951.

2.A perusal of the charge sheet reveals that election for the 2/6

post of Panchayat Union Chairman was fixed and during election, among the elected members, there was altercation between two groups and therefore, the election has been postponed and a complaint was lodged by the Election Officer, who is the Revenue Divisional Officer of Sattur. 3.According to the learned counsel for the Petitioners, the Petitioners group was in majority and therefore, problem was created by the other group which was not in majority. However, election was conducted on the next day and their tenure has already expired.

4.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 5.A perusal of the charge sheet clearly reveals that during election process, there was some wordy altercation between two groups and therefore election was postponed on the said date. However election was conductd on the next day and the results were published.Therefore no usefulpurpose will be served in the continuation of criminal prosecution against the Petitioners. 6.In view of the above facts, the charge sheet in S.T.C.No.29 3/6

of 2026, on the file of learned Judicial Magistrate NO.II, Sattur stands quashed insofar as the Petitioners are concerned and the Criminal Original Petition stands allowed. Consequently, connected Miscellaneous Petitions are closed. 07.04.2026 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The Judicial Magistrate No.II, Sattur.

2.The Deputy Superintendent of Police, Investigating Officer, Sattur Town, Virudhunagar District.

3.The Sub Inspector of Police, Sattur Town, Virudhunagar District (Crime NO.12 of 2020) 4.A.Kalimuthu, The Election Officer/The Revenue Divisional Officer, Office of the Revenue Divisional Office, Sattur Taluk, Virudhunagar District.

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

R.VIJAYAKUMAR.,J.

vsn ORDER MADE IN CRL.O.P(MD)No.6717 of 2026 and CRL.M.P(MD)Nos.7282 and 7283 of 2026 5/6

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