Alagappan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2025 CORAM :

THE HON'BLE MR.JUSTICE B.PUGALENDHI and Crl MP(MD)Nos.9680 and 9681 of 2025 1.Algappan 2.Ramkumar 3.Premkumar ... Petitioners Vs.

1.The State rep by The Inspector of Police, Thirumayam Police Station, Pudukottai District, [Crime No.6 of 2024] 2.Alaug Ambalam

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to call for records pertaining to the impugned charge sheet in STC No.373 of 2024 on the file of the Judicial Magistrate, Thirumayam and quash the same as illegal. For Petitioners : Mr.K.Vijayanad For R1 : Mr.AS.Abul Kalam Azad Government Advocate (Crl. Side) 1/4

ORDER

The petitioners / accused Nos.1 to 3 in STC No.373 of 2024 on the file of the learned Judicial Magistrate, Thirumayam have filed this petition to quash the proceedings pending against him 2.The case of the prosecution is that the petitioners had been deprived from participating in a meeting with regard to a temple festival. When it was questioned there was a clash and three persons have sustained injuries.

3.The learned counsel for the petitioners submits that there is no independent witness, though the occurrence is said to have taken place in a meeting. There is a delay of one day in registering the FIR. Neither the victims nor the defacto complainant supported the case of the prosecution. The statement under Section 161(3) CrPC has been recorded in a parrot-like manner. According to the learned counsel the case is a foisted one.

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4.This court considered the rival submissions made. 5.This court is not inclined to quash the proceedings on the grounds raised by the petitioner and it is a matter for trial. Therefore, this petition is closed with liberty to the petitioners to raise all theses grounds before the trial court. Consequently connected miscellaneous petitions are closed.

24.07.2025 DSK To 1.The Judicial Magistrate, Thirumayam.

2.The Inspector of Police, Thirumayam Police Station, Pudukottai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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B.PUGALENDHI,J DSK 24.07.2025 4/4