Venkatesh @ Venkateshwaran v. State Of Tamilnadu Rep By Inspector Of Police, Veeravanallur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 15.12.2025

CORAM

THE HONOURABLE MRS. JUSTICE L.VICTORIA GOWRI and Crl.M.P.(MD).Nos.16402 and 16403 of 2025 1.Venkatesh @ Venkateshwaran 2.Pool Pandi @ Pool Pandian ... Petitioners Vs.

1. State of Tamilnadu Rep by The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

(Crime No.109 of 2025) 2.Aravind 3.Sivasurya 4.Vellaipandi 5.Chella Duraichi ... Respondents PRAYER :- This Petition is filed under Section 528 BNSS, to call for the records relating to C.C.No.479 of 2025 before the learned District 1/6

Munsif Cum Judicial Magistrate, Cheranmahadevi, Tirunelveli District, and to quash the same.

For Petitioners : Mr.S.Sathyachidambaram For Respondents : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) for R1 : Mr.U.Lakshmanaraja (for R2 to R5)

ORDER

This petition is filed seeking to quash the impugned Charge Sheet in C.C.No.479 of 2025 on the file of the learned District Munsif Cum Judicial Magistrate, Cheranmahadevi, Tirunelveli District, which was filed for the offences under Sections 191(2), 329(4), 296(b), 115(2) and 351(3) of BNS, 2023.

2. The gist of the allegations in the final report is that on 23.02.2025, at about 06.30 p.m., due to previous enmity, the petitioners and others trespassed into the defacto complainant's house and abused them with filthy language. When the same was questioned by the defacto complainant and his family members, the petitioners and others assaulted the defacto complainant with hands and threatened him with dire consequences and thus, committed the aforesaid offences. 2/6

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case arising out of a trivial neighbourhood misunderstanding. He further submitted that there is no specific overt act attributed against the petitioners herein and sought the indulgence of this Court to quash the impugned charge sheet.

4.Heard the learned Government Advocate (Crl. Side) appearing for the first respondent and the learned counsel appearing for the respondents 2 to 5.

5.This Court perused the materials available on records. 6.A careful perusal of the charge sheet would reveal that there is no specific overt act attributed against the petitioners herein. Hence, the proceedings against the petitioners is an abuse of process of law as there is nothing to suggest that they had committed offence as against the respondents 2 to 5. Hence, the impugned proceedings insofar as the petitioners is liable to be quashed.

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7.Accordingly, the impugned Charge Sheet in C.C.No.479 of 2025 on the file of the learned District Munsif Cum Judicial Magistrate, Cheranmahadevi, Tirunelveli District, is hereby quashed and the Criminal Original Petition is allowed. Consequently, the connected criminal miscellaneous petitions are closed.

15.12.2025 Index: Yes/ No (2/2) Speaking Order/Non-Speaking Order vsg Note:Issue Order Copy on 15.12.2025.

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TO

1. The learned District Munsif Cum Judicial Magistrate, Cheranmahadevi, Tirunelveli District.

2.The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

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

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L.VICTORIA GOWRI,J., vsg CRL OP(MD) No.19610 of 2025 15.12.2025 (2/2) 6/6