Karuppasamy v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2025

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.O.P.(MD)No.9600 of 2025 and Crl.M.P(MD)Nos.7022 and 7023 of 2025 1.Karuppasamy 2.Selvaraj 3.Kandasamy ... Petitioners Vs.

1. The Inspector of Police, Elayirampannai Police Station, Virudhunagar District.

(Crime No.142 of 2024) 2.Anbarasu ... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to call for the records in the case in C.C.No.12 of 2025 on the file of the Judicial Magistrate Court No.1, Sattur, Virudhunagar District and quash the same.

For Petitioners : Mr. M. Jothi Basu For R1 : Mr. A.S. Abdul Kalam Azad Government Advocate(Crl.side) 1/5

ORDER

This criminal original petition has been filed to quash the charge sheet in C.C.No.12 of 2025 on the file of the learned Judicial Magistrate, Sattur, Virudhunagar District.

2.The case of the prosecution is that due to previous enmity, the accused persons abused the second respondent in filthy language and also assaulted him. Therefore, the second respondent lodged a complaint, based on which a case in Cr.No.142 of 2024 came to be registered. Upon completion of investigation, the first respondent has filed the final report, which was taken on file in C.C.No.12 of 2025 by the learned Judicial Magistrate, Sattur, Virudhunagar District. Challenging the same, the petitioners filed the present petition. 3.The learned counsel appearing for the petitioners submits that without conducting a proper investigation, the respondent Police filed the final report mechanically. Accordingly, he prays to quash the impugned proceedings.

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4.The learned Government Advocate(Crl.side) appearing for the first respondent submits that the grounds raised by the petitioners, have to be appreciated only before the trial Court during the course of trial. Accordingly, he prays to dismiss the present petition. 5.This Court considered the rival submissions made on either side and perused the materials available in the records. 6.As rightly pointed out by the learned Government Advocate(Crl.side), the grounds raised in the present petition have to be appreciated only during the course of trial. Therefore, this Court is not inclined to entertain this petition.

7.At this juncture, the learned counsel appearing for the petitioners submits that the first petitioner/A1 is 73 years old and he is finding difficult to appear before the trial Court for trial. 8.The first petitioner/A1 shall file a necessary application under Section 228 BNSS along with required medical records before the trial Court. The trial Court shall take a decision on the said application, in accordance with law.

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9.In the result, this criminal original petition is dismissed with liberty to the petitioners to raise all these grounds before the trial Court. Consequently, connected miscellaneous petitions are closed. 10.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns To 1.The Judicial Magistrate, Sattur, Virudhunagar District. 2.The Inspector of Police, Elayirampannai Police Station, Virudhunagar District.

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

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B.PUGALENDHI,J gns Crl.O.P.(MD)No.9600 of 2025 10.06.2025 5/5