Chinnaiyan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.O.P.(MD)No.13437 of 2025 and Crl.MP(MD) Nos.10673 & 10676 of 2025 1.Chinnaiyan 2.Sivaranjani 3.P.Jayabal ... Petitioners/A4, A5 & A7 Vs.

1.The State of Tamil Nadu, rep. by Inspector of Police, Thiruvonum Police Station, Thiruvonum, Thanjavur District (crime No.45 of 2024) 2.Senthilkumar

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to call for records pertaining to the charge sheet in CC No.4 of 2025 on the file of the District Munsif-cum-Judicial Magistrate, Orathanadu insofar as the petitioners/A4, A5 and A7 are concerned and quash the same. For Petitioner : Mr.CKM.Appaji For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.side) (for R1) 1/4

O R D E R

The petitioners/A4, A5 & A7 in Crime No.45 of 2025 have filed this Criminal Original Petition to quash the proceedings in CC No.4 of 2025, on the file of the District Munsif-cum-Judicial Magistrate, Orathanadu.

2.The respondent police has registered a case as against the petitioners for the offence under Sections 147, 420, 294(b), 506(1), 323, 354, 468 IPC. Final report was filed before the District Munsif-cumJudicial Magistrate, Orathanadu in CC No.4 of 2025 and the same is still pending.

3.The learned Counsel for the petitioners submits that the first petitioner is the vendor and the second petitioner is the purchaser and the third petitioner is the husband of the second petitioner. A false case has been foisted as against this petitioners that the petitioners had created bogus adangal. Hence, the petitioners seek to quash the proceedings. 4.Mr.A.S.Abul Kalaam Azad, learned Government Advocate (Crl.side), who takes notice for the respondent strongly objects for quashing the proceedings in CC No.4 of 2025 and submits that the offence is against the society and the grounds raised by the petitioners are a matter for trial.

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5.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. side) appearing for the first respondent.

6.Though the petitioners have raised several grounds, this Court is of the opinion that it can be appreciated only during the trial. Therefore, this Court is not inclined to entertain this petition and accordingly, this Criminal Original Petition is dismissed. However, liberty is granted to the petitioners to raise all these grounds before the trial Court, during trial. Consequently, connected miscellaneous petitions are closed.

12.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn To 1.The Inspector of Police, Thiruvonum Police Station, Thiruvonum, Thanjavur District.

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

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B.PUGALENDHI,J skn Crl.O.P.(MD)No.13437 of 2025 and Crl.MP(MD) Nos.10673 & 10676 of 2025 12.08.2025 4/4