Madras High CourtCRL OP(MD)/16125/2025dismissed

Abishek Sekar v. The State Of Tamil Nadu

2025-09-24Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.16125 of 2025 and Crl.M.P.(MD).Nos.13150 and 13153 of 2025 Abishek Sekar ... Petitioner/3rd Accused Vs.

1.The State Represented by, The Inspector of Police, Pazhavoor Police Station, Tirunelveli District.

(Crime No.160/2021) ...1st Respondent / Complainant

2. Muruganantham ... 2nd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records relating to the impugned Final Report in C.C.No.464 of 2022 on the file of the learned Judicial Magistrate, Valliyoor, and quash the same in so far as the petitioner is concerned. For Petitioner : Mr.V.Sasi Kumar For R1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor 1/4

ORDER

The petitioner seeks to quash the impugned Final Report in C.C.No.464 of 2022 on the file of the learned Judicial Magistrate, Valliyoor, which has been filed for the offence under Sections 294(b), 324, 427, 506(i), 323 of IPC.

2. The allegation in the Final Report is that on account of prior enmity, the petitioner and others abused the defacto complainant in filthy language, attacked him using knife, damaged the building and also threatened him of dire consequences and thus, committed the aforesaid offences.

3. The learned counsel for the petitioner would submit that the petitioner has not been named in the FIR; and that the allegations in the FIR and the final report are contrary to each other; and that the petitioner is a college going student and he did not commit any offence.

4. This Court is of the view that the points raised by the learned counsel for the petitioner are factual in nature and this Court cannot, at this stage, hold that the allegations made against the petitioner are false. Hence, this Criminal Original Petition is dismissed with a liberty to the petitioner to raise all the 2/4

points before the concerned trial Court. Consequently, connected Miscellaneous Petitions are closed.

24.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu To 1.The Inspector of Police, Pazhavoor Police Station, Tirunelveli District.

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

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SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.16125 of 2025 24.09.2025 4/4