Madras High CourtCRL OP(MD)/13622/2024dismissed

Kanchana @ Kanjanadevi v. The Inspector Of Police

2026-02-12Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :12.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.13622 of 2024 and Crl.M.P(MD).Nos.8472 and 8473 of 2024 Kanchana @ Kanjanadevi ... Petitioner/A3 Vs.

1.State rep., by The Inspector of Police, All Women Police Station, Virudhunagar.

Crime No.1 of 2017 2.Nagalakshmi ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records pertaining in C.C.No.533 of 2022 on the file of the learned Judicial Magistrate No.II, Virudhunagar and quash the same as illegal against the petitioner.

For Petitioner : Mr.A.Banumathy For R1 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) 1/4

For R2 : Mr.S.Karthikeyan

ORDER

Seeking to quash the impugned proceedings in C.C.No.533 of 2022 on the file of the learned Judicial Magistrate No.II, Virudhunagar, this criminal original petition is filed.

2.When the matter came up for hearing, the learned Government Advocate (Crl.side), on instructions, submitted that already trial has commenced and two of witnesses were examined. 3.As the substantive evidence had already come on record and documents have also been marked through witness, 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 Vs., Anu Mehta and others reported in (2015) 1 SCC 103. Hence, this Court is not inclined to quash the proceedings. 2/4

4.Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed. 12.02.2026 NCC : Yes / No Index : Yes / No Rmk To 1.The Judicial Magistrate No.II, Virudhunagar. 2.The Inspector of Police, All Women Police Station, Virudhunagar.

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

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L.VICTORIA GOWRI, J.

Rmk Crl.O.P.(MD)No.13622 of 2024 12.02.2026 4/4