Madras High CourtCRL OP(MD)/12207/2025closed

Arjun v. The State Of Tamil Nadu

2025-07-21Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.12207 of 2025 and Crl.M.P.(MD)Nos.9447 and 9448 of 2025 Arjun ... Petitioner versus

1. State of Tamil Nadu, rep. by The Inspector of Police, SV Karai Police Station, Tenkasi District.

2. Gokila

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to call for the records pertaining to the impugned charge sheet in C.C.No.306 of 2019 on the file of the Judicial Magistrate Court, Schencottah, dated 25.04.2019 and quash the same as illegal.

For Petitioner : M/s.Indhira For R1 : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl. side) 1/4

ORDER

The petitioner is the 1st accused in C.C.No.306 of 2019 on the file of the learned Judicial Magistrate Court, Sengottai. He is facing the charges for the offence under Sections 427, 294(b) and 506(2) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002. He has moved this petition seeking to quash the proceedings in C.C.No.306 of 2019 pending against him.

2. The learned counsel appearing for the petitioner submits that the complaint has been lodged by the mother of the petitioner's lover. According to him, the petitioner had a friendship with the defacto complainant's daughter and on account of that, this case has been foisted as against the petitioner. The learned counsel has also relied on certain photographs showing the intimacy of the defacto complainant's daughter with the petitioner. She further submits that the occurrence was in the year 2018, but, the complaint was lodged in the year 2019. Thereafter, the petitioner went abroad and he married another girl. Now, the petitioner is not having any relationship with the defacto complainant's daughter. Therefore, the proceedings in C.C.No.306 of 2019 is liable to be quashed. 2/4

3. The grounds raised by the petitioner can be appreciated only during the trial. Therefore, this Criminal Original Petition is dismissed with liberty to the petitioner to raise all the grounds before the trial Court during trial. Consequently, connected miscellaneous petitions are closed. 21.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes ogy To

1. The Inspector of Police, SV Karai Police Station, Tenkasi District.

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

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B.PUGALENDHI, J.

ogy Crl.OP(MD)No.12207 of 2025 21.07.2025 4/4