Madras High Court
CRL OP(MD)/21639/2026 of Sahul Hameed Vs State Of Tamilnadu Rep By In on 14 October 2026
CRL OP(MD) No. 21639 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14-10-2026
CORAM
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 21639 of 2026
CNR:{HCMD011304952026}
Crl.MP(MD).Nos.20566 & 20568 of 2026
1. Sahul Hameed
S/o.Sirasudeen,
Muslim 2nd Street Opposite,
Thenkamputhoor,
Kanyakumari District.
2. Syed Ali
W/o.Sirasudeen,
Muslim 2nd Street Opposite,
Thenkamputhoor,
Kanyakumari District.
3. Sirasudeen
S/o.Alavudeen,
Muslim 2nd Street Opposite,
Thenkamputhoor,
Kanyakumari District.
..Petitioner(s)/Accused Nos.1, 2 & 3
Vs
1. State Of Tamilnadu Rep By
The Inspector Of Police,
Suchindram Police Station,
Kanyakumari District,
Crime No.356/2020.
....1st Respondent/Complainant
.
2. Anwar Hashana
S/o.Malik Mohamed,
No.3/60A,
Ised Nagar,
Parakkai Post,
Kanyakumari District ....2nd Respondent/Defacto Complainant __________
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CRL OP(MD) No. 21639 of 2026
PRAYER: C-51Q.To call for the records in connection with the CC.No.
642 of 2023 on the file of the learned Judicial Magistrate No.3 at Nagercoil, Kanyakumari District subsequently quash the same as devoid of merits and illegal forthwith and thus render justice.
For Petitioner(s):
Mr.S.LEKSHMANA ABISH
For Respondent(s):
Mr. B. ARUN,
GOVERNMENT ADVOCATE (CRL. SIDE) FOR R1
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ORDER
The present petition has been filed by accused Nos.1, 2 and 3 in C.C.No.642 of 2023 on the file of the Judicial Magistrate No.III, Nagercoil, Kanyakumari District seeking to quash the charge sheet wherein the petitioners are charged with the offence under Sections 294(b), 292A, 509, 506(1) of IPC, 1860 and 67 of Information Technology Act, 2000.
2. A perusal of the charge sheet reveals that the first petitioner is said to have transmitted certain photographs to the son-in-law of the defacto complainant wherein the first petitioner and the defacto complainant's daughter are found.
3. According to the learned counsel for the petitioners, so far the phone has not been recovered and it has not been subjected to forensic lab analysis and the mobile phone service provider has not been shown __________
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CRL OP(MD) No. 21639 of 2026 as list witness. Hence, he prayed for quashing of the charge sheet.
4. The learned Government Advocate (Crl.side) appearing for the respondent police submitted that already L.W1 to L.W.5 have been examined on 20.05.2026 and it was listed on 21.10.2026.
5. Heard both sides and perused the material records.
6. Since the trial has already commenced, this Court is not inclined to entertain the quash petition on merits. The grounds raised by the petitioners are left open. However, the presence of the petitioners shall stand dispensed with unless specifically directed by the trial Court.
7. Considering the fact that there are 15 witnesses, the trial and the pendency of the case for the past three years, there shall be a direction to the Judicial Magistrate No.III at Nagercoil, Kanyakumari District to dispose of the case on or before 31.01.2027.
8. With the above said observations, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed. 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No msa __________
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CRL OP(MD) No. 21639 of 2026 To
1. The Inspector Of Police, Suchindram Police Station, Kanyakumari District, Crime No.356/2020.
2. The Judicial Magistrate No.III Nagercoil, Kanyakumari District
3. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai __________
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CRL OP(MD) No. 21639 of 2026 R.VIJAYAKUMAR, J. msa CRL OP(MD) No. 21639 of 2026 andCrl.MP(MD).Nos.20566 & 20568 of 2026 __________
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CRL OP(MD) No. 21639 of 2026 14-10-2026 __________
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