Madras High CourtCRL OP(MD)/21494/2024closed

Dojo Leon v. The State Of Tamilnadu

2026-02-11Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD)No.21494 of 2024 and Crl.MP(MD)Nos.13325 & 13326 of 2024 Dojo Leon ... Petitioner/Sole Accused Vs.

1.The State of Tamil Nadu rep by, The Sub-Inspector of Police, Thangachimadam Police Station, Ramanathapuram District.

(Crime No.84 of 2023) ... 1st Respondent/Complainant

2. Leoni ... 2nd Respondent/Defacto Complainant PRAYER : Petition filed under Section 482 of Cr.P.C, to call for the records relating to the proceedings of the C.C.No.337 of 2023 on the file of the learned Judicial Magistrate, Rameshwaram, Ramanathapuram District, and quash the same as illegal as against the petitioner.

For Petitioner : Mr.V.Muthumani For R1 : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) 1/4

ORDER

Seeking to quash the charge sheet in C.C.No.337 of 2023 on the file of the learned Judicial Magistrate, Rameshwaram, Ramanathapuram District, this criminal original petition is filed.

2.When the matter came up for hearing, the learned Government Advocate (Crl.side), on instructions, submitted that already trial has commenced and except the Investigating Officer, all the witnesses have also been examined as P.W.1 to P.W.5.

3.As the substantive evidence had already come on record and documents have also been marked by P.W.1 to P.W.5, 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.

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4.Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed. 11.02.2026 NCC : Yes / No Index : Yes / No dss TO:-

1. The Judicial Magistrate, Rameshwaram, Ramanathapuram District.

2.The Sub-Inspector of Police, Thangachimadam Police Station, Ramanathapuram District.

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

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L.VICTORIA GOWRI, J.

dss Order made in Crl.O.P.(MD)No.21494 of 2024 and Crl.MP(MD)Nos.13325 & 13326 of 2024 Dated 11.02.2026 4/4