S.P.Raja v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11/11/2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN S.P.Raja ... Petitioner Vs 1.The State of Tamilnadu, Rep by the Inspector of Police, Suchindram Police Station, Kanyakumari District.

Crime No.480/2024.

2.Sobhanaraj, Sub-Inspector of Police, Suchindram Police Station, Kanyakumari District.

... Respondents PRAYER :- This Criminal Original Petition is filed under Section 528 BNSS, to call for the records relating to the impugned FIR in Crime No. 480 of 2024 dated 13.10.2024 registered on the file of the first respondent police and quash the same.

For Petitioner : Mr.V.Sukumar, Advocate.

For R1 : Mr.R.M.Anbunithi, Additional Public Prosecutor 1/5

ORDER

The petitioner seeks to quash the impugned FIR in Crime No. 480 of 2024, on the file of the first respondent police, which was registered for the offences under Section 75 of Tamil Nadu City Police Act, 1888. 2.The allegation in the FIR is that during a routine check-up, the defacto complainant, who was attached to the first respondent police station, found the petitioner abusing the pedestrious in filthy language and causing obstruction to the traffic and thus, committed aforesaid offence.

3.The learned counsel for the petitioner would submit that the impugned prosecution under Section 75 of Tamil Nadu City Police Act cannot be maintained, as the place where the alleged occurrence is said to have taken place, will not come within the ambit of Tamil Nadu City Police Act and it is only a Town Panchayat.

4.The learned Additional Public Prosecutor appearing for the 2/5

respondent police fairly concedes that the provisions of the Tamil Nadu City Police Act would not be applicable in this case. He would also submit that the investigation in this case has been completed and the final report has also been filed before the learned Judicial Magistrate No.III, Nagercoil.

5.Admittedly, since the alleged occurrence took place within the jurisdiction of Town Panchayat and the provisions of Tamil Nadu City Police Act would not be applicable, the respondent police have no jurisdiction to register and investigate the case, in respect of the offence under Section 75 of the Tamil Nadu City Police Act. 6.In the light of the above discussion, the impugned FIR in Crime No.480 of 2024, on the file of the first respondent police and the consequential final report, are quashed. The Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. 11.11.2025 NCC :Yes/No Index :Yes/No 3/5

Internet :Yes/No cp/ars TO

1. The Judicial Magistrate No.III, Nagercoil. 2.The Inspector of Police, Suchindram Police Station, Kanyakumari District.

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

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SUNDER MOHAN,J cp/ars

ORDER

IN CRL OP(MD) No.19871 of 2025 Date : 11/11/2025 5/5