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Madras High CourtCRL OP(MD)/16665/2025dismissed

S.Joyson Paulraj v. The State Of Tamil Nadu

2025-11-06Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06.11.2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN S.Joyson Paulraj, ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. by the Sub Inspector of Police, Sivagangai Town Police Station, Sivagangai 650561, (Crime No.114/2025).

2. S.Susaimanickam, ... Respondents PRAYER :- Criminal Original Petition filed under Section 528 of BNSS, to call for the records pertaining to the FIR in Crime No.114/2025 dated 27.02.2025 on the file 1st respondent and quash the same as illegal. For Petitioner : M/s.M.A.Khadar Sheriff, For Respondents : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) for R1 : Mr.P.Manoharan for R2 1/4

ORDER

This petition is to quash the impugned F.I.R registered for the offences under Sections 296(b), 115(2), 351 (3) BNS and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002.

2. The petitioner is the son of the second respondent. It is alleged in the F.I.R that on 27.02.2025 at about 6:00 pm., on account of an issue in the house, the petitioner had attacked the defacto complainant indiscriminately with hands and also abused the second respondent's wife, who is the mother of the petitioner, and thus committed the aforesaid offences.

3. The learned counsel for the petitioner would submit that the impugned F.I.R is an abuse of process of law; that the allegations are false; that the petitioner had lodged a complaint against the second respondent one month before the occurrence and the impugned F.I.R has been lodged as a counter blast.

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4. This Court is of the view that the points raised by the petitioner cannot be adjudicated at this stage. The investigation cannot be scuttled at this stage. It is for the first respondent to investigate and file a final report . Therefore, this Court is not inclined to entertain this petition.

5. Accordingly, this Criminal Original Petition is dismissed. 06.11.2025 Index: Yes/ No Speaking Order / Non-Speaking Order LS/ars TO

1. The Sub Inspector of Police, Sivagangai Town Police Station, Sivagangai 650561.

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

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SUNDER MOHAN,J LS/ars CRL OP(MD) No.16665 of 2025 06.11.2025 4/4