Madras High CourtCRL OP(MD)/15339/2025allowed

Balakrishnan v. The State Of Tamil Nadu

2025-09-16Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.15339 of 2025 and Crl.M.P.(MD).No.12463 of 2025 Balakrishnan ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by the Assistant Commissioner of Police, Therkkuvasal Circle, Madurai City.

2.The Inspector of Police, Central Crime Branch -1, Madurai City, Madurai.

3.K.Selvarajan 4.K.Kannan ... Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records relating to the impugned summon, dated 23.08.2025 and quash the same.

For Petitioner : Mr.K.Jeyamohan For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor For R3 & R4 : Mr.Niranjan S.Kumar 1/4

ORDER

This petition has been filed to quash the impugned summon, dated 23.08.2025 issued to the petitioner.

2. The learned Additional Public Prosecutor for the respondent Nos.1 and 2, on instructions, would submit that the defacto complainant/3rd respondent, on whose complaint, an enquiry is being conducted, is the brother of the petitioner; that the enquiry is now being conducted only for the purpose of ascertaining whether cognizable offence is made out and only for that purpose, the petitioner was summoned.

3. This Court is of the view that since the enquiry is pending only to ascertain whether a cognizable offence is made out, the petitioner may participate in the enquiry. The second respondent shall conclude the enquiry and communicate the result of the same to the petitioner as well as the respondent Nos.3 and 4, within the period of two weeks from the date of receipt of copy of this order.

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4. Hence, this Court is not inclined to quash the summons. The respondent No.2 may issue a fresh summon, if required.

5. With the above direction, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. 16.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu To

1. The Assistant Commissioner of Police, Therkkuvasal Circle, Madurai City.

2. The Inspector of Police, Central Crime Branch -1, Madurai City, Madurai.

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

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SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.15339 of 2025 16.09.2025 4/4