Sachin vs The State Rep By The Sub Inspector
2025 Latest Caselaw 7797 Mad

Madras High Court

Sachin vs The State Rep By The Sub Inspector on 13 October, 2025

Author: N.Sathish Kumar

Bench: N. Sathish Kumar

                                                                                          CRL OP No. 27800 of 2025


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 13-10-2025

                                                            CORAM

                            THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

                                  CRL OP No. 27800 of 2025 & Crl.M.P.No.18874 of 2025

                1. Sachin
                S/o. Ramalingam, Paiththandurai main
                Road, Eliyathur Village, Chinnasalem
                Taluk, kallakurichi District.
                                                                                          Petitioner(s)

                                                                 Vs

                1. The State Rep by the Sub Inspector
                of Police
                Kachirapalaiyam police Station,
                Kallakurichi District. (Crime No.
                361/2024)

                2.Periyasamy
                S/o. Duraisamy, Kattukottai, Eliyathur
                Village, Chinnasalem Taluk,
                Kallakurichi District.
                                                                                          Respondent(s)


                PRAYER : Criminal Original Petition filed under section 528 of BNSS to call

                for the records in connection with final report in CC.No.332/2025 on the file of

                the learned Judicial Magistrate No.I, Kallakurichi and Quash the same.



https://www.mhc.tn.gov.in/judis                 ( Uploaded on: 24/10/2025 01:47:43 pm )
                                                                                           CRL OP No. 27800 of 2025


                                  For Petitioner(s):       Mr.R.Raji

                                  For Respondent(s):       Mr.K.M.D.Muhilan,
                                                           Additional Public Prosecutor – R1


                                                             ORDER

Challenging the final report filed in C.C.No.332 of 2025 for the offences

under sections 296[b], 118[1] and 351 [3] of BNS, the present Criminal Original

Petition has been filed.

2. The case of the prosecution is that due to previous enmity between the

petitioner and the defacto complainant, the petitioner had gone to the house of

the defacto complainant and abused him in filthy language and assaulted him

with iron rod and also threatened him with dire consequences. The final report

has been sought to be quashed on the ground that there are contradictions in the

statements of the witnesses and the Accident Register copy. It is the further

contention of the petitioner that there is some previous enmity between the

parties with regard to the partition and therefore, the case came to be registered.

Hence, seeks to quash the final report.

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3. On a perusal of records, particularly, the copy of the Accident Register

indicate that there is laceration injury on the forehead of the defacto

complainant. Further, a perusal of the statement of witnesses, it is seen that

there is some previous enmity between the parties with regard to the partition.

In such view of the matter, this court is of the view that this is not a fit case to

quash the final report at this stage.

4. Accordingly, this Criminal original Petition is dismissed.

Consequently, connected miscellaneous petition is closed. However,

considering the submissions of the petitioner, the personal appearance of the

petitioner is dispensed with before the trial Court, except for receipt of copies,

answering the charges, questioning under section 313 Cr.P.C./351 BNSS and on

the date of pronouncing judgment and on any other dates as fixed by the trial

Court.

13-10-2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/10/2025 01:47:43 pm )

Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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To

1. Judicial Magistrate No.I, Kallakurichi.

2. The Sub Inspector of Police Kachirapalaiyam police Station, Kallakurichi District. (Crime No. 361/2024)

3. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/10/2025 01:47:43 pm )

N.SATHISH KUMAR J.

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13-10-2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/10/2025 01:47:43 pm )