Madras High Court
CRL OP(MD)/23066/2026 of M.Ram Prasad Vs The State of Tamil Nadu rep on 12 October 2026
CRL OP(MD) No. 23066 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12-10-2026
CORAM
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 23066 of 2026
CNR:{HCMD011376532026}
AND
CRL MP(MD) NO. 21926 OF 2026
M.Ram Prasad
S/ o.Mayavatharan,
D.No.718, Vallalar Street,
Gomathipuram,
Madurai - 625 020.
..Petitioner(s)
Vs
1. The State of Tamil Nadu rep by
Rep. by Inspector of Police,
Thilagar Thidal Police Station,
Madurai City.
(Cr.No. 181/2026)
2. Chithradevi
W / o. Kundumalai,
No. 18, Krishnarayar Theppam Street,
Work Shop Road,
Assistant Manager,
Monika Surgical,
Madurai.
PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the records relating to Crime No. 181 of 2026 on the file of the 1st respondent police and quash the same as against the petitioner and thus render justice.
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CRL OP(MD) No. 23066 of 2026
For Petitioner(s):
Mr.B.Thanga Aravindh
For Respondent(s):
M/s. V.Shathurthi Raja,
Government Advocate (crl. Side)
For R1
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ORDER
The present petition has been filed by the first accused in Crime No. 181 of 2026 on the file of the respondent police, seeking to quash the FIR registered against him for the offences punishable under Sections 191(2), 329(4), 296(b), 115(2) and 351(3) of the BNS, 2023.
2. The sole ground on which the petitioner seeks to quash the FIR is that it was allegedly registered pursuant to the orders dated 04.08.2026 passed by the learned Judicial Magistrate No. II, Madurai, in Crl.M.P. No. 3752 of 2026.
3. According to the learned Counsel appearing for the petitioner, the learned Judicial Magistrate No. II, Madurai, did not pass any order directing the respondent police to register an FIR. On the contrary, Crl.M.P. No. 3752 of 2026 was dismissed as not pressed. __________
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CRL OP(MD) No. 23066 of 2026
4. The learned Counsel appearing for the first respondent brought to the notice of this Court that the application under Section 156(3) of the Cr.P.C. was filed on 03.06.2023. The concerned Court called for a report from the respondent police on 08.07.2026, and thereafter, the FIR was registered on 11.07.2026. In the meanwhile, the Crl.M.P.No.3752 of 2026 has been not pressed by the complainant on 04.08.2026. In such circumstances, the registration of the FIR cannot be found fault with
5. Heard the submissions made on either side and perused the materials available on record.
6. As could be seen from the records, though the complainant had approached the Court alleging non-registration of the FIR, the FIR was registered immediately after the jurisdictional police were called upon to submit a status report. Since the FIR had been registered, the complainant chosen to not press the application filed under Section 156(3) of the Cr.P.C. __________
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CRL OP(MD) No. 23066 of 2026
7. In such circumstances, the mere reference in the preamble of the FIR to an order passed by the learned Judicial Magistrate No. II, Madurai, in Crl.M.P.No.3752 of 2026, would not, by itself, constitute a ground for quashing the FIR, unless the petitioner is able to point out that the ingredients of the alleged offences are not made out or that the respondent police lack jurisdiction to register the FIR in respect of the alleged offences.
8. In such view of the matter, this Court does not find any reasons to interdict with the investigation process. There are no merits in this petition. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gvn __________
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CRL OP(MD) No. 23066 of 2026 To
1. The Judicial Magistrate No. II, Madurai
2. The Inspector of Police, Thilagar Thidal Police Station, Madurai City. (Cr.No. 181/2026)
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. __________
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CRL OP(MD) No. 23066 of 2026 R.VIJAYAKUMAR J. gvn CRL OP(MD) No. 23066 of 2026 and CRL MP(MD) No. 21926 of 2026 12-10-2026 __________
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