Dinesh v. State Of Tamilnadu Rep By Inspector Of Police, Austinpatti

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and Crl.MP(MD)Nos.18321 & 18323 of 2025 Dinesh ... Petitioner / Sole Accused Vs.

1. State of Tamilnadu The Inspector of Police, Austinpatti Police Station, Madurai District.

In Crime No.571 of 2016 ... 1st Respondent/Complainant 2.Panchu ... 2nd Respondent / Defacto complainant Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, to call for the records in C.C.No.329 of 2022 on the file of the learned Judicial Magistrate, Thirumangalam, and quash the same as illegal.

For Petitioner : Mr.S.Srikanth For R1 : Mr.S.Ravi Additional Public Prosecutor Page No. 1 of 5

O R D E R

The criminal original petition was filed to quash the final report in C.C.No.329 of 2022 on the file of the learned Judicial Magistrate, Thirumangalam.

2. The learned counsel for the petitioner submitted that the defacto complainant the second respondent is employed as Noon Meal Teacher in a private school run by the own father of the petitioner. Hence, the petitioner has right of entry into the school, where his father is the correspondent. Due to the dispute between the petitioner and his father namely, Rajendran, on 08.11.2016, while the food was being served to the children, the petitioner entered into the school. At that time, the defacto complainant had made false allegations as against him and the allegations of harassment against the petitioner were not true and he pressed for quashing of charge sheet.

3. The learned Additional Public Prosecutor Mr.S.Ravi, relying upon the statement under Section 161 (3) of Cr.P.C., given by the defacto complainant, Panju categorically submitted that on 08.11.2016, when the said Panchu, who is working as Noon Meal teacher in the petitioner's Page No. 2 of 5

father school, was serving food to the children, the petitioner had trespassed into the dining area of the school and had created an alarm among the children by throwing the food plates and on intervening with his unparliamentary activity, he had slapped the said Panchu, and had also created ruckus in the school. For which, a complaint was registered and after investigation and the same has been culminated in filing a charge sheet C.C.No.329 of 2022 on the file of the learned Judicial Magistrate, Thirumangalam and the same need not be interfered with and seeks for dismissal of the quash petition.

4. I carefully considered the submission made by the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

5. I am of the considered view that the statement given by the defacto complainant is couched with clarity and has material facts to be substantiated as against the petitioner and hence, there is no material to quash this Criminal Original Petition and the Criminal Original Petition fails.

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6. Accordingly, Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petitions are closed. 01.12.2025 Index : Yes/ No Internet : Yes/No NCC : Yes / No dss To 1.The Judicial Magistrate, Thirumangalam.

2. The Inspector of Police, Austinpatti Police Station, Madurai District.

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

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L.VICTORIA GOWRI , J.

dss and Crl.MP(MD)Nos.18321 & 18323 of 2025 01.12.2025 Page No. 5 of 5