Balamurugan v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI and Crl.M.P.(MD)Nos.9811 & 9813 of 2025 1.Balamurugan 2.Sakthivel 3.Muthuvel 4.Jeevanatham 5.Dhanabakyam 6.Gowsighan 7.Thirumeni ... Petitioners Vs.

1.The Inspector of Police, Athirampattinam Police Station, Thanjavur District in Crime No.711/2021 2.Subramanian ... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to call for the records pertaining to the charge sheet in calendar case in 1/5

C.C.No.64/2024 pending on the file of the Learned Judicial Magistrate Court, Pattukottai, Tanjore and quash the same as illegal. For Petitionera : Mr.C.M.Arumugam, for Mr.B.Mohan For R1 : Mr.A.S.Abul Kalaam Azad, Government Advocate(Crl.side) For R2 : Mr.Gobala Krishna Lakshmana Raju, Senior Counsel for Mr.J.Senthil Kumariah,

ORDER

This criminal original petition has been filed to quash the charge sheet in C.C.No.64/2024 pending on the file of the Learned Judicial Magistrate Court, Pattukottai, Tanjore.

2.The learned counsel appearing for the petitioners submits that the allegations levelled in FIR are baseless and the first respondent has also conducted the investigation and filed the final report mechanically. Accordingly, he prays to quash the impugned proceedings. 2/5

3.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. 4.This Court considered the rival submissions made on either side and perused the materials available in the records. 5.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. Accordingly, 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.

28.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns 3/5

To 1.The Judicial Magistrate Court, Pattukottai, Tanjore.

2. The Inspector of Police, Athirampattinam Police Station, Thanjavur District.

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

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B.PUGALENDHI,J gns 28.07.2025 5/5