Madras High Court
CRL OP(MD)/22825/2026 of Dr.Deepak Metrey Vs N.Rajini Kumari on 7 October 2026
CRL OP(MD) No. 22825 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07-10-2026
CORAM
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 22825 of 2026
CNR:{HCMD011405312026}
AND
CRL MP(MD) NO. 21756 OF 2026,CRL MP(MD) NO. 21757 OF 2026
Dr.Deepak Metrey
CMO (SG),
Regt. No. 111109965,
45th BN ITBP,
Idayapatti,
Madurai - 625110.
..Petitioner(s)
Vs
N.Rajini Kumari
W/o. P.V. Rajesh Kumari,
No. 098011241,
45th BN ITBP,
QTR No. 100 Type II,
Idaiyapatti,
Madurai-625110.
(within the limit of Oomachikulam, AWPS)Madurai
..Respondent(s)
PRAYER: This petition filed under Section 528 BNSS to call for the records relating to the proceedings in S.C. No.662 of 2026 on the file of the Learned Sessions Mahila Court, Madurai, and the order passed in Crl.M.P. No.2099 of 2026 on the of the Learned Judicial Magistrate No.V, Madurai, and Quash the same insofar as the petitioner is concerned and consequently QUASH the proceedings as against the petitioner.
For Petitioner(s):
Mr.AK.Azagar Sami
CRL OP(MD) No. 22825 of 2026
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ORDER
The present petition has been filed by the respondent in Crl.MP.No.2099 of 2026 on the file of learned Judicial Magistrate No.V, Madurai seeking to quash the order, wherein the learned Magistrate has taken cognizance of a private complaint filed under section 223 of BNSS.
2. Perusal of the records reveal that the respondent herein had filed as filed a private complaint under section 223 of BNSS seeking to initiate action under section 75(i) of BNS.
3. The only contention of the petitioner herein before the trial Court was that the act of the petitioner was not intentional and he merely touched the complainant in an attempt to clear the path and the same is reflected in the CCTV footage. The trial Court has found that the plea of good faith and alleged mal-intention on the part of the complainant and the issue of tampering of CCTV footages are matters that have to be adjudicated during trial and it depends upon the appreciation of evidence and expert opinion.
4. In such view of the matter, this Court is of the considered opinion that the trial Court has chosen to take cognizance of the issue, after affording an opportunity to the petitioner herein and finding that there is a prima facie case as against him.
CRL OP(MD) No. 22825 of 2026
5. In view of the above facts, this Court does not find any reason to interfere in the order impugned in the present petition.
6. Accordingly, this Criminal Original Petition stands dismissed. The personal appearance of the petitioner shall stand dispensed with unless specifically directed by the trial Court. Consequently, connected miscellaneous petitions are closed.
07-10-2026 PNM To The Judicial Magistrate No.V, Madurai
CRL OP(MD) No. 22825 of 2026 R.VIJAYAKUMAR J. PNM CRL OP(MD) No. 22825 of 2026 AND CRL MP(MD) NO. 21756 OF 2026,CRL MP(MD) NO. 21757 OF 2026 07-10-2026