Madras High Court

CRL OP/14254/2026 of Srinivasan Vs State Rep. by The Inspector of Police on 15 October 2026

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CRL OP No. 14254 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-10-2026

CORAM

THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN

CRL OP No. 14254 of 2026

and Crl.M.P.No.9155 of 2026

CNR: {HCMA010906232026}

Srinivasan, No.126/43A, Bajanai Kovil Street, Mambakkam Village, Arcot Taluk, Vellore - 632 318.

..Petitioner(s)

Vs

1. State Rep. by The Inspector of Police Valapandal Police Station, Vellore District.

2. Sathiyavathi, W/o. Pachaiyappan,

Palla Theru, Mambakkam Village,

Arcot Taluk, Vellore-632318.

C.C. No.1243 of 2025

..Respondent(s)

PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, To call for entire records in connection with the case in Final Report in C.C. No.1243/2025 pending on the file of the Learned District Munsif Cum Judicial Magistrate, Arcot and quash the same and thus render justice.

For Petitioner(s):

Ms.S. Deepika

For Respondent(s):

Mr.A.Amarnath,

Additional Public Prosecutor for R1

Mr.E.Sathiyaraj for R2

***********

CRL OP No. 14254 of 2026

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ORDER

This petition has been filed to quash the proceedings in C.C.No.1243 of 2025 pending on the file of the District Munsif cum Judicial Magistrate, Arcot.

2. On the complaint lodged by the second respondent, the first respondent registered the FIR in Crime No.160 of 2015 for the offences under Sections 294(b), 324 and 506(2) of IPC, alleging that on 12.11.2015 the accused assaulted the second respondent with iron rod due to which the second respondent sustained head injury and they also threatened the second respondent with dire consequences. After completion of investigation filed final report and the same was taken cognizance in C.C.No.1243 of 2025. To quash the same the present petition has been filed.

3. The learned counsel for the petitioner submits that the petitioner is arrayed as A2. There is absolutely no specific allegation as against him. That apart he was only 17 years at the time of alleged occurrence on 12.11.2015. In support of her contention she also produced the transfer certificate of the petitioner. Therefore, she contended that the trial Court cannot conduct trial as against the petitioner and it has to be tried by the Juvenile Justice Board.

CRL OP No. 14254 of 2026

4. On a perusal of records reveals that the alleged date of occurrence is on 12.11.2015. The charge sheet dated 15.12.2016, was filed before the trial Court. However, it was taken cognizance only on 26.09.2025 for the offences punishable under Sections 294(b), 324 and 506(2) of IPC. All the offences are punishable not exceeding three years. Therefore, the trial Court ought not to have taken cognizance on the belated final report filed beyond the period of three years as contemplated under Section 468 of Criminal Procedure Code.

5. In view of the above circumstances, the entire proceedings cannot be sustained as against all the accused persons. Accordingly, the proceedings in C.C.No.1243 of 2025 on the file of the learned District Munsif cum Judicial Magistrate, Arcot is hereby quashed as against all the accused and this Criminal Original Petition is allowed. Consequently, the connected criminal miscellaneous petition is closed. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RNA

CRL OP No. 14254 of 2026

G.K.ILANTHIRAIYAN, J. RNA To

1. The Learned District Munsif Cum Judicial Magistrate, Arcot.

2. The Inspector of Police Valapandal Police Station, Vellore District.

3. The Public Prosecutor, High Court, Madras. CRL OP No. 14254 of 2026 and Crl.M.P.No.9155 of 2026 15-10-2026

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