Madras High CourtCRL OP(MD)/9177/2025dismissed

Malmarugan v. The State Of Tamil Nadu

2025-06-03Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03.06.2025

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI and Crl MP(MD)No.6680 of 2025 Malmarugan ... Petitioner Vs 1.The State of Tamil Nadu rep by The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District, [Crime No.242 of 2024] 2.Rajasekar ... Respondents Prayer : Criminal Original Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, to admit the quash petition on file and to call for the records in Cr.No.242/2024 on the file of the respondent police, Inspector of Police, Kulasekarapattinam Police Station, Tuiticorin District and to quash the same in respect of the petitioner / accused No.1.

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For Petitioner : Mr.S.Senthil Sankara Natha Kumar For Respondent : Mr.P.Kottaichamy Government Advocate (Crl. Side)

ORDER

The petitioner has approached this court to quash the proceedings pending against him in Crime No.242 of 2024. 2.The learned Counsel for the petitioner submits that this is a false case lodged against the petitioner. For the alleged incident said to have taken place on 22.10.2024, the complaint was lodged on 26.10.2024. The said Annadthana Koodam is constructed in the government land and it is not in the temple property. Since the petitioner has lodged complaint against the encroachers, this false case has been registered.

3.The learned Government Advocate (Crl Side) appearing for the respondent police submits that the villagers have constructed Annathana Koodam opposite to the petitioner's house and he was 2/5

using the said vacant land as pathway to his house. Therefore, the petitioner has demolished the Annathana Koodam using earth mover. The case is under investigation.

4.This Court considered the rival submissions made. 5.The case is at the investigation stage. This Court is not inclined to entertain the petition on the grounds raised by the petitioner. Therefore, this petition is dismissed with liberty to the petitioner challenge the final report if any filed against him, in the manner known to law. Consequently connected miscellaneous petition is closed.

03.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes DSK 3/5

To 1.The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District, 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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B.PUGALENDHI, J.

DSK 03.06.2025 5/5