Nadaraj v. State Of Tamilnadu Rep By Inspector Of Police, Thevaram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2025

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI and Crl.M.P.(MD)Nos.7319 and 7321 of 2025 Nadaraj ... Petitioner versus

1. The State of Tamilnadu, Rep. by The Inspector of Police, Thevaram Police Station, Theni District.

2. Murugeshwari ... Respondents Prayer : Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to for the records in C.C.No.158 of 2024 on the file of the Judicial Magistrate Court, Bodinayakanur and quash the same as against the petitioner.

For Petitioner : Mr.S.Muniyandi For R1 : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl. Side)

ORDER

The petitioner has filed this petition seeking to quash the proceedings pending against him in C.C.No.158 of 2024 on the file of the 1/4

Judicial Magistrate Court, Bodinayakanur, for the offence under Sections 147, 148, 294(b), 323, 324 and 506(2) IPC.

2. The learned counsel appearing for the petitioner submits that the petitioner herein is the 5th accused in C.C.No.158 of 2024 and he is the friend of the first accused. In fact, there is a civil dispute between the first accused and defacto complainant. Merely because the petitioner is the friend of the 5th accused, he has been falsely implicated in this case and ther is no specific allegation as against the petitioner. Apart from that, the petitioner has also raised several grounds in this petition.

3. The learned Government Advocate (Crl. Side) appearing for the first respondent submits that the grounds raised by the petitioner are matter for trial.

4. Though the petitioner has raised several grounds, this Court is of the opinion that it can be appreciated only during the trial. Therefore, this Criminal Original Petition is dismissed with liberty to the petitioner to raise all these grounds before the trial Court during trial. 2/4

5. At this juncture, the learned counsel for the petitioner insisted for dispensing with the personal appearance of the petitioner before the trial Court that he is working in Kerala.

6. The petitioner is at liberty to file a necessary application before the trial Court and get exemptions whenever he is not in a position to appear before the trial Court. Consequently, connected miscellaneous petitions are closed.

13.06.2025 Index : Yes / No.

Internet : Yes / No.

NCC : Yes / No.

ogy To

1. The Inspector of Police, Thevaram Police Station, Theni District.

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

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B.PUGALENDHI, J.

ogy 13.06.2025 4/4