Madras High Court
CRL OP(MD)/17109/2026 of Raja Amuthan Vs State Of Tamilnadu Rep By In on 6 October 2026
CRL OP(MD) No. 17109 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06-10-2026
CORAM
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 17109 of 2026
and
CRL MP(MD) No.16560 of 2026
CNR:{HCMD011112632026}
1. Raja Amuthan
S/o.Muthurakku,
2-7E,
Majith Road,
Sivagangai District.
2. Anantha Kumar
S/o.Backiyam,
No.306A,
Sithalur,
Sivagangai District.
3. Senthil
S/o.Neelamegam,
No.66C,
Thondi Road,
Sivagangai District.
..Petitioner(s)
Vs
1. State Of Tamilnadu Rep By Inspector Of Police, Sivagangai Town Police Station, Sivgangai District, Crime No.241/2026
2. Muthukumar
(Head Constable),
S/o.Subramanian,
Sivagangai
__________
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CRL OP(MD) No. 17109 of 2026
..Respondent(s)
PRAYER: C-53Q.To call for the reocrds bearing in Crime No.241 of 2026 on the file of the 1st respondent police and quash the same as against the petitioner and devoid of merits and thus render justice.
For Petitioner(s):
Mr.T.Pradeep
For Mr.M.Jegadeesh Pandian
For Respondent(s):
Mr.B.Arun
Government Advocate (Crl.Side)
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ORDER
The present petition has been filed by A1 to A3 in Cr.No.241 of 2026, on the file of the 1st respondent, seeking to quash the FIR, wherein they are charged with the offence under Sections 296(b) and 132 of BNS, 2023.
2. A perusal of the FIR reveals that at about 1:15 P.M. on 15.04.2026, the members of two political parties have assembled at the Sivagangai Town Police Station, making allegations and counter allegations as against each other that each one of them is trying to bribe the voters. When the defacto complainant requested them to provide a complaint in writing, some of them had abuse the defacto complainant and prevented the defacto complainant from discharging his official duties. __________
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CRL OP(MD) No. 17109 of 2026
3. According to the learned counsel appearing for the petitioner, no obscene words have been recorded in the FIR and he submitted that there is no question whatsoever that the defacto complainant was prevented from performing his official duties. It was a wordy altercation between the members of two political parties and in no manner the police official was prevented from performing official duties.
4. Per contra, the defacto complainant submitted that the petitioners have abused the police officials and prevented them from discharging their official duties, and therefore it requires further investigation.
5. Heard the learned counsel appearing on either side and perused the material available on records.
6. As could be seen from the FIR, there was a wordy altercation between the members of two political parties, with each party making allegations and counter-allegations against the other, accusing the other of attempting to bribe the voters. Since the Inspector was not available at the relevant point of time, the petitioners insisted on the Inspector's presence to lodge a complaint. Further, there is no allegation of the use of __________
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CRL OP(MD) No. 17109 of 2026 criminal force or any physical attack on the defacto complainant. Therefore, the offences under Sections 296(b) and 132 of BNS, 2023 are not attracted.
7. In such view of the matter, the continuation of the criminal proceedings as against the petitioners is only an abuse of process of law. Therefore, FIR in Crime No.241 of 2026, on the file of the 1st respondent police stands quashed.
8. Accordingly, the criminal original petition stands allowed. Consequently, connected miscellaneous petition is closed. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rgm __________
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CRL OP(MD) No. 17109 of 2026 To
1. State Of Tamilnadu, Rep., by the Inspector Of Police, Sivagangai Town Police Station, Sivgangai District, Crime No.241/2026
2. Muthukumar (Head Constable), S/o.Subramanian, Sivagangai Town Police Station, Sivagangai __________
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CRL OP(MD) No. 17109 of 2026 R.VIJAYAKUMAR, J. rgm CRL OP(MD) No. 17109 of 2026 06-10-2026 __________
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