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Madras High CourtCRL OP(MD)/8874/2026dismissed

A.C.Karthikeyan v. S.Selvaraj

2026-06-02Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.8874 of 2026 and Crl.M.P(MD)Nos.9482 & 9485 of 2026 A.C.Karthikeyan, The then Deputy Superintendent of Police, Nilgiri Limit, Nilgiri District.

(Now Working as Deputy Commissioner of Police, Adayar District Greater Chennai Police)

...Petitioner

Vs A.Selvaraj

...Respondent/Complainant

PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the entire records pertains to the impugned Complaint in C.C.No. 306/2023, on the file of the learned Judicial Magistrate No.I, Kuzhithurai, and quash the same in so far as the petitioner/Accused No.1 herein concerned. For Petitioner : M/s.Ananth 1/4

ORDER

The present petition has been filed by the accused persons in C.C.No.306 of 2023, on the file of the learned Judicial Magistrate No.1, Kuzhidurai, seeking to quash the private complaint.

2. A perusal of the private complaint reveals that the present petitioner herein who are arrayed as the respondent, is the police official and it is alleged that he has attacked the defacto complainant and caused injuries to him while he was an accused in another criminal case.

3. According to the learned Counsel appearing for the petitioner, the co-accused of the complainant has already pleaded guilty. He further submits that the allegations in the private complaint did not disclose any offence. He would like to rely upon various other documents to contend that the provisions of Sections 352, 347, 294(b), 323, 324 and 506(i) of IPC have not been made out. The learned Counsel appearing for the petitioner further submitted that the alleged incidents are said to have taken place at the Kotticode Police Station and therefore, the learned Judicial Magistrate No.I, Kuzhithurai, would not have any jurisdiction to entertain the present complaint. 2/4

4. I have considered the submissions made on either side and perused the materials available on record.

5. This Court has perused the private complaint. Some of the paragraphs in the private complaint would clearly reveal that the incident is said to have taken place either inside the Marthandam Police Station or just outside the Police Station and therefore, the plea raised by the petitioner with regard to the territorial jurisdiction of the learned Judicial Magistrate No.I, Kuzhthurai, is prima facie not sustainable. As far as the other contentions raised by the petitioner are concerned, they are premature in nature and this Court cannot go into the factual dispute or look into the documents to consider the plea raised by the petitioner herein which is a subject matter of the trial.

6. In view of the above said facts, there are no merits in the petition. Accordingly, the Criminal Original Petition stands dismissed. The trial Court is directed to proceed in accordance with the law without being influenced by any one of the observations made by this Court. Consequently, connected miscellaneous petitions are also closed.

02.06.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/4

R.VIJAYAKUMAR , J.

RJR To The learned Judicial Magistrate No.I, Kuzhithurai.

Crl.OP.(MD)No.8874 of 2026 02.06.2026 4/4