Madras High Court

CRL OP(MD)/20070/2025 of B.Gunasekaran Vs The State of Tamilnadu, Rep. on 8 October 2026

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CRL OP(MD) No. 20070 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 08-10-2026

CORAM:

THE HON'BLE MR JUSTICE R.VIJAYAKUMAR

CRL OP(MD) No. 20070 of 2025

CNR:{HCMD011620392025}

AND

CRL MP(MD) NO. 16957 OF 2025

1. B.Gunasekaran

S/o.Balaiah,

6-36, Keela Street,

Kanmaniyapuram,

Kadayanallur,

Tenkasi.

2. G.Balamurugan

S/o.B.Gunasekaran,

6-66, Keela Street,

Kanmaniyapuram,

Kadayanallur,

Tenkasi.

3. Bakkiyathai @ Bakkiyam

W/o.B.Gunasekaran,

6-36, Keela Street,

Kanmaniyapuram,

Kadayanallur,

Tenkasi.

..Petitioner(s)

Vs

1. The State of Tamilnadu, Rep. By

The Inspector of Police,

Kadayanallur Police Station,

Tenkasi District.

(In Crime No.124/2023)

CRL OP(MD) No. 20070 of 2025

2. N. Muthulakshmi

W/o.Nathanraj,

North Street,

Kanmaniyapuram,

Kadayanallur,

Tenkasi.

...Respondent(s)

PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the records relating to the Impugned Charge Sheet S.T.C.No.1295 of 2023 on the file of the Judicial Magistrate Court, Tenkasi and quash the same as illegal as far as these petitioners concern and thus render justice.

For Petitioner(s):

M/s.M.Sangeetha

For Respondent(s):

M/s. V. Shathurthi Raja,

Government Advocate (crl. Side)

For R1

M/s.M.Shemadaniel

For R2

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ORDER

The present petition has been filed by Accused Nos. 1 to 3 in S.T.C. No. 1295 of 2023, pending on the file of the Judicial Magistrate Court, Tenkasi, seeking to quash the charge sheet filed against them for the offences punishable under Sections 294(b), 323, and 506(i) of the Indian Penal Code (IPC). The charge sheet arises out of Crime No. 124 of 2023, in which the date and time of occurrence are mentioned in the FIR as 14.04.2023 at about 8.00 a.m.

CRL OP(MD) No. 20070 of 2025

2. It could be seen from the records that a counter-complaint has been lodged by the second petitioner herein in Crime No. 125 of 2023 before the same police station. As per the said FIR, the date and time of occurrence are mentioned as 14.04.2023 at about 7.00 a.m. A perusal of both FIRs reveals that they relate to the same incident, which is alleged to have taken place between 7.00 a.m. and 8.00 a.m. on 14.04.2023. Crime No. 124 of 2023 culminated in the filing of a charge sheet in S.T.C. No. 1295 of 2023 n the file of the learned Judicial Magistrate, Tenkasi, which is the subject matter of challenge in the present petition. Crime No. 125 of 2023 also culminated in the filing of a charge sheet in S.T.C. No. 1161 of 2023, which is pending on the file of the learned Judicial Magistrate, Tenkasi.

3. A perusal of both the charge sheets reveal that there is no reference to the counter-case. No reasons have been assigned by the Investigating Officer for filing two separate charge sheets. Further, the pendency of another FIR arising out of the same incident has not been brought to the notice of the learned Trial Judge.

CRL OP(MD) No. 20070 of 2025

4. In view of the Full Bench decision of this Court in the case of T. Balaji and another vs. State, Rep. by the Inspector of Police, New Washermanpet Police Station, Chennai and another reported in (2024) 3 MLJ (Crl.) 458, without following the PSO 566, both the charge sheets have been laid and no reasons have been assigned for filing of two charge sheets.

5. The learned Counsel appearing for the defacto-complainant in the present case is arrayed as Accused No. 2 in S.T.C. No. 1161 of 2023. He submitted that he has no objection to setting aside the order taken cognizance in both the charge sheets.

6. In such view of the matter, this Court is inclined to pass the following orders:

a) The order taking cognizance in STC.No.1295 of 2023 and STC.No.1161 of 2023 on the file of learned Judicial Magistrate, Tenkasi are set aside.

CRL OP(MD) No. 20070 of 2025 b) The learned Judicial Magistrate, Tenkasi is directed to return both the charge sheets to the respondent Police and direct them to find out the real aggressor as as per the PSO 566 and follow the Full Bench decision of this Court in the case of T. Balaji and another vs. State, Rep. by the Inspector of Police, New Washermanpet Police Station, Chennai and another reported in (2024) 3 MLJ (Crl.) 458.

7. With the said observations, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gvn To:

1. The Judicial Magistrate Court, Tenkasi.

2. The Inspector of Police, Kadayanallur Police Station, Tenkasi District. (In Crime No.124/2023)

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

CRL OP(MD) No. 20070 of 2025 R.VIJAYAKUMAR J. gvn CRL OP(MD) No. 20070 of 2025 and CRL MP(MD) No. 16957 of 2025 08-10-2026

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