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Madras High CourtCRL OP(MD)/19325/2025allowed

Vignesh v. The State Of Tamilnadu, Rep. By Inspector Of Police, Puliangudi

2025-11-17Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.19325 of 2025 and Crl.M.P.(MD).Nos.16176 & 16177 of 2025 1.Vignesh 2.Muthuraj 3.Vinodh 4.Danushkumar ... Petitioners/Accused 1, 2, 4 & 5 Vs.

1.The State of Tamil Nadu, Rep. by, The Inspector of Police, Puliangudi Police Station, Tenkasi District.

(Crime No.477 of 2024) ... 1st Respondent/Complainant 2.Semkingsten, Commissioner, Municipal Office, Puliangudi, Tenkasi District.

... 2nd Respondent/Defacto complainant Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records in P.R.C.No.37 of 2025 on the file of the Judicial Magistrate, Sivagiri and quash the same.

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For Petitioners : Mr.S.Kasirajan For R-1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R-2 : Mr.A.Oliraja Government Advocate

ORDER

This Criminal Original Petition is filed to quash the impugned final report in P.R.C.No.37 of 2025 on the file of the learned Judicial Magistrate, Sivagiri, which was filed for the offences under Section 3 of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 and Section 191(2) of BNS, 2023.

2. The gist of the allegations in the final report is that the petitioners along with other accused had thrown stones and caused damage to the overflow plastic pipe belonging to the Municipality, to the extent of Rs.300/-.

3. The learned counsel for the petitioners would submit that the allegations in the final report are false; that in any case, the petitioners are aged about 19 and 20 years except for the fourth petitioner, who is aged about 25 years; that the petitioners have now realised the mistake and will compensate 2/5

the loss caused to the second respondent; that the harm caused by the petitioners is only slight; and that the impugned final report may be quashed.

4. Heard the learned Additional Public Prosecutor appearing for the first respondent and the learned Government Advocate appearing for the second respondent.

5. Admittedly, the damage caused by the petitioners to the Municipality is Rs.300/-. Considering the age of the petitioners, who are aged about 19 to 25 years and the fact that the harm caused by them is slight, this Court, in exercise of the powers under Section 482 of Cr.P.C., is inclined to quash the final report by invoking Section 95 of IPC. The petitioners are directed to pay a sum of Rs.1000/- (Rupees One Thousand only) each to Puliangudi Municipality within a period of two (2) weeks from the date of receipt of a copy of this order. The impugned final report in P.R.C.No.37 of 2025 on the file of the learned Judicial Magistrate, Sivagiri is quashed on the condition that the petitioners pay the aforesaid sum. If the petitioners fail to comply with the above direction, the order passed by this Court would lose its efficacy. 3/5

6. With the above observations, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are closed. 17.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm/dk To 1.The Judicial Magistrate Court, Sivagiri.

2.The Inspector of Police, Puliangudi Police Station, Tenkasi District.

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

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SUNDER MOHAN, J.

Lm Crl.O.P(MD).No.19325 of 2025 17.11.2025 5/5