Deepak v. The State Of Tamilnadu, Rep. By The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2025 CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.14075 of 2025 and Crl.MP(MD) No.11309 of 2025
1. Deepak
2. Ajith
3. Murugesan
4. Annalakshmi
5. Madhavan ... Petitioners Vs 1.The State of Tamilnadu, Rep.,By the Inspector of Police, Navalpattu Police Station, Tiruchirappalli-620 028.
(In Crime No.155/2024).
2.Parthiban
...Respondents
Prayer : Criminal Original Petition filed under Section 528 of BNSS, to call for the records pertaining to the impugned FIR in Crime No. 155/2024 dated 01.10.2024 on the file of the 1st respondent police and to quash the same as illegal insofar as the petitioners are concerned. For Petitioners : Mr. S.Vikram, For R1 : Mr.P.Kottaichamy Government Advocate (Crl.side) 1/6
O R D E R
The petitioners/accused have approached this Court, to quash the proceedings in Crime No.155 of 2024, on the file of the first respondent police, pending as against them.
2.The case of the prosecution is that the petitioners and the defacto complainant are belonging to the same village. There was a quarrel between the petitioners and the defacto complainant with regard to grassing of cattles in the field of the defacto complainant, due to which, the petitioners have attacked the defacto complainant and his uncle with deadly weapons and therefore, they sustained injuries, admitted in a hospital as inpatient. Based on the complaint given by the defacto complainant, a case in Crime No.155 of 2024 has been registered as against the petitioners for the offence under Sections 191(3), 296(b), 115(2), 118(1) and 109 of BNS, 2023. 3.The learned counsel for the petitioners claims that the above case has been registered as against the petitioners as a counter complaint and no such occurrence has been taken place. The learned 2/6
counsel further submits that the defacto complainant and seven others have trespassed into the petitioners' house, scolded them, attacked them with deadly weapons and also damaged the petitioners' properties, due to which, the petitioners sustained injuries and their properties also got damaged. Though the petitioners lodged a complaint before the first respondent police, no action has been taken by them. Therefore, the fourth petitioner has lodged a private complaint before the Judicial Magistrate Court No.III, Trichy and as per the order of the learned Judicial Magistrate, a case in Crime No.157 of 2025 has been registered for the offence under Sections 191(2), 191(3), 296(b), 118(1), 324(4), 351(3) of BNS, 2023 and Section 4 of the Prohibition of Harassment of Women Act, 2002.
According to the petitioners, since the respondent police has not taken any action on the accused persons in Crime No.157 of 2025, they have got anticipatory bail also. 4.Mr.P.Kottaichamy, learned Government Advocate (Crl.side), who takes notice for the first respondent submits that the investigation in Crime No.155 of 2024 has been concluded and they are likely to file the final report by this week.
5.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the first respondent.
6.Since it is reported by the respondent police that the final report is going to be filed by this week, this Court is not inclined to entertain this petition with this First Information Report on the grounds raised by the petitioners and this Court is of the view that it can be appreciated only during the trial. Accordingly, this Criminal Original Petition is dismissed. The petitioner is having a remedy before the concerned Magistrate Court by filing an objection petition challenging the final report. Consequently, connected Miscellaneous Petitions are closed.
25.08.2025 NCC : Yes/No Index : Yes/No vrn 4/6
To The Inspector of Police, Navalpattu Police Station, Tiruchirappalli-620 028.
5/6
B.PUGALENDHI,J vrn Order made in Crl.OP(MD)No.14075 of 2025 and Crl.MP(MD) No.11309 of 2025 25.08.2025 6/6