Madras High Court
CRL OP(MD)/13849/2026 of Sivasangar Vs State Of Tamilnadu Rep By In on 8 October 2026
CRL OP(MD) No. 13849 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08-10-2026
CORAM
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 13849 of 2026
and Crl.M.P(MD)No.13472 of 2026
CNR:{HCMD010918082026}
1. Sivasangar
S/o.Selvaraj,
No.1/156,
Middle Street,
Timmarasanayakkanur,
Aundipatti,
Theni District.
2. S.Manipriya
W/o.Sivasangar,
No.1/156,
Middle Street,
Timmarasanayakkanur,
Aundipatti,
Theni District.
..Petitioner(s)
Vs
1. State Of Tamilnadu Rep By Inspector Of Police, Andipatti Police Station, Theni District, Crime No.52/2024
2. Selvaraj
S/o.Aauvlnayaidu,
Middle Street,
Timmarasanayakkanur,
Aundipatti,
Theni District.
..Respondent(s)
PRAYER: Criminal Original Petition filed under Section 528 of BNSS to call
CRL OP(MD) No. 13849 of 2026
for the entire records and quash the charge sheet pending on the file of the learned Judicial Magistrate Court, Aundipatti, Theni District in CC.No.170 of
2024.
For Petitioner(s):
Mr.K.Muthurakkan
For Respondent(s):
Mr. B. ARUN (R1)
GOVERNMENT ADVOCATE
(CRL.SIDE)
Mr.A. KOWSIK RAGHU RAJAA (R2)|
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ORDER
The present petition has been filed by A.1 and A.2 in C.C. No. 170 of 2024, on the file of the learned Judicial Magistrate, Aundipatti, Theni District, seeking to quash the charge sheet, in which they have been charged with the offences punishable under Sections 294(b), 323 and 506(ii) of the Indian Penal Code (IPC).
2. A perusal of the charge sheet reveals that the petitioners herein are the son and daughter-in-law of the de facto complainant.
3. A further perusal of the charge sheet reveals that, at about 8.30 p.m. on 11.02.2024, the petitioners allegedly abused the de facto complainant and assaulted him with their hands. The de facto complainant is said to have sustained minor injuries.
CRL OP(MD) No. 13849 of 2026
4. According to the learned counsel appearing for the petitioners, the statement of the de facto complainant recorded under Section 161 of the Code of Criminal Procedure (Cr.P.C.) clearly reveals that an exaggerated version has been put forward to implicate the petitioners herein, who had contracted an inter-caste marriage. The learned counsel further submitted that the allegations made by the de facto complainant are entirely false and that he is attempting to take vengeance against the petitioners. It is also submitted that the evidence of L.W.6, the doctor from Aundipatti, cannot be relied upon, as the statement of the de facto complainant recorded under Section 161 Cr.P.C. reveals that he had received treatment only at K. Vilakku Hospital.
5. Heard the learned counsel appearing on either side and perused the material records.
6. As could be seen from the charge sheet, specific overt acts have been alleged against the petitioners herein. As regards the submissions made by the learned counsel appearing for the petitioners challenging the credibility of the statements of L.Ws. 1 and 6 recorded under Section 161 Cr.P.C., the same are matters to be examined during the trial and can be tested only through cross- examination.
CRL OP(MD) No. 13849 of 2026
7. Considering the above facts and circumstances, this Court is not inclined to quash the charge sheet. However, the learned Judicial Magistrate, Aundipatti, Theni District, is directed to dispose of the criminal case in C.C.No. 170 of 2024 within a period of three months from the date of receipt of a copy of this order.
8. The personal appearance of the petitioners shall stand dispensed with unless their appearance is specifically directed by the trial Court.
9. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PS To
1. The Judicial Magistrate Court, Aundipatti, Theni District.
2. The Inspector Of Police, Andipatti Police Station, Theni District.
CRL OP(MD) No. 13849 of 2026 R.VIJAYAKUMAR, J. ps CRL OP(MD) No. 13849 of 2026 08-10-2026