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Madras High CourtCRL OP(MD)/13720/2024dismissed

C.Vimalarani v. S.Salomi

2026-02-06Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and Crl.M.P(MD)Nos.8501 & 8502 of 2024 C.Vimalarani ... Petitioner/Respondent Vs.

S.Salomi ... Respondent/Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records and to quash the private complaint in S.T.C.No.61 of 2023 on the file of Judicial Magistrate, Fast Track Court, (Magisterial Level) Kovilpatti.

For Petitioner : Mr.K.Sudalaiyandi

ORDER

This criminal original petition is filed to call for the records and to quash the private complaint in S.T.C.No.61 of 2023 on the file of Judicial Magistrate, Fast Track Court, (Magisterial Level) Kovilpatti. 1/4

2.When the matter came up for hearing, it is informed before this Court that already trial has commenced and one witness has also been examined.

3.As the substantive evidence had already come on record and document has also been marked, at this stage, this Court cannot conduct a mini trial. This Court, exercising its jurisdiction under Section 528 BNSS, cannot conduct a roving enquiry or mini trial as held by the Hon'ble Supreme Court in Gunmala Sales Private Limited Vs., Anu Mehta and others reported in (2015) 1 SCC 103. Hence, this Court is not inclined to quash the proceedings.

4.Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellanous Petitions are closed. 06.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg 2/4

To 1.The Judicial Magistrate, Fast Track Court, (Magisterial Level), Kovilpatti. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI, J.

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