Madras High CourtCRL OP(MD)/1062/2025closed

Manikandan v. The State Of Tamil Nadu

2025-02-26Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.02.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL and Crl.M.P.(MD)No.711 of 2025

1. Manikandan

2. Santhana Selvi ... Petitioners Vs.

1. The State of Tamil Nadu rep by Inspector of Police, Panagudi Police Station, Tirunelveli District.

Crime No. 821/2024

2. Vishnu ... Respondents Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records and quash the Crime No. 821 of 2024 dated 08.10.2024 on the file of the 1st respondent. For Petitioners : Mr.D.S.Haroon Rasheed For Respondent : Mr.Sakthi Kumar Government Advocate (Crl. Side) for R1

ORDER

This petition has been filed by the petitioners to quash the Crime No. 821 of 2024 on the file of the first respondent. Page no.1/4

2. According to the petitioners, based on the false complaint given the second respondent, the first respondent has registered a case in Crime No. 821 of 2024 for the offences under Sections 126(2), 296(b), 303(2), 351(3) of BNS, 2023 read with Section 3 of the TN Public Property (Prevention of Damage and Loss) Act, 1992. These petitioners have not committed any offence as alleged in the F.I.R. Even as per the F.I.R, there are no allegations to constitute the offences under sections 126(2), 296(b), 303(2), 351(3) of BNS, 2023 read with Section 3 of the TN Public Property (Prevention of Damage and Loss) Act, 1992. Therefore, the pending F.I.R is nothing but an abuse of process of law. Already the petitioners have also lodged a complaint as against the investigating officer on 30.09.2024 and the same has also not been considered. Therefore, they have filed this petition.

3. The learned Government Advocate (Criminal Side) appearing for the first respondents would submit that based on the complainant given the second respondent, they have registered a case in Crime No. 821 of 2024 for the offences under Sections 126(2), 296(b), 303(2), 351(3) of BNS, 2023 read with Section 3 of the TN Public Property (Prevention of Damage and Loss) Act, 1992. Now the case is under investigation and they will conduct a fair investigation and these petitioners are the accused no. 1 and 2. Page no.2/4

However, the Deputy Superintendent of Police, Valliur can monitor the investigation.

4. Since the case is challenging the F.I.R, now the case is under investigation and the petitioners have also sent a letter for conducting a fair investigation, recording the submissions of the learned Government Advocate appearing for the first respondent, this Court directs the first respondent to conduct a fair investigation. Since there are some allegations to constitute the offence, the F.I.R cannot be quashed at this stage. It is for the petitioners to wait till the final report is filed and if anything adverse in the final report, the petitioners are at liberty to challenge the final report in the manner known to law.

5. With the above said observations, this Criminal Original Petition is closed. Consequently, connected miscellaneous petition is also closed. 26.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes mac Page no.3/4

P. DHANABAL , J., mac To

1. The Inspector of Police, Panagudi Police Station, Tirunelveli District.

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

and Crl.M.P.(MD)No.711 of 2025 26.02.2025 Page no.4/4