Shathishkannan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI and Crl.M.P.(MD)No.6667 of 2025 1.Shathishkannan 2.Pandiselvi ... Petitioners Vs.

1.The Sub-Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District.

2.Jothi ... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to call for the records in Crime No.51 of 2025 on the file of the first respondent Police and quash the same.

For Petitioner : Mr.P.Muthusamy For R1 : Mr.P.Kottaichamy, Government Advocate(Crl.side) 1/4

ORDER

This criminal original petition has been filed to quash the first information report in Cr.No.51 of 2025 pending on the file of the first respondent Police.

2.The case of the prosecution is that on 10.03.2025, when the defacto complainant was cleaning her house, the petitioners quarreled with her not to throw the garbage on the side of their house and they have also abused and assaulted her. Hence, the complaint. 3.According to the learned counsel appearing for the petitioners, the petitioners were not present at the time of alleged occurrence. However, a false complaint has been foisted as against them. 4.This Court is of the view that the said ground can only be ascertained by the Investigation Agency during the course of the investigation. On this ground, this Court is not inclined to quash the proceedings. It is the duty of the Investigation Agency to find out the 2/4

truth as to whether the petitioners are present or not at the relevant point of time and to proceed further, either to file a final report against the petitioners or to drop the case. With this direction, this criminal original petition is closed. Consequently, connected miscellaneous petition is closed.

05.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns To 1.The Sub-Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District.

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

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B.PUGALENDHI,J gns 05.06.2025 4/4