Madras High Court

CRL OP(MD)/23433/2026 of Krishnan Vs The State of Tamilnadu on 14 October 2026

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CRL OP(MD) No. 23433 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 14-10-2026

CORAM

THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR

CRL OP(MD) No. 23433 of 2026

CNR:{HCMD011011662026}

AND

CRL MP(MD) Nos. 22141 & 22142 of 2026

Krishnan

S/o. Jeyaram,

12, Narikudi,

Kuransri Amman Nagar,

Opposite New Mandapam,

Bodenthirapuram Road,

Kodangipatti,

Bodinayakkanur Taluk,

Theni District,

Tamil Nadu - 625531.

..Petitioner(s)

Vs

1. The State of Tamilnadu

Represented by the Inspector of Police,

District Crime Branch (DCB),

Theni District.

(Crime No. 28 of 2025)

2. Saravanan

S/o. Periyasamy,

Melatheru, Aranmanaikurichi,

Ariyalur District,

Tamil Nadu.

3. Balakangatharan

S/o. Lashmanan Pandiyan,

Kovalan Street, Thenthannirpuram,

Trichy District,

Tamil Nadu.

..Respondent(s)

__________

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CRL OP(MD) No. 23433 of 2026

PRAYER: Criminal Original Petition is filed under Section 528 of BNSS

Act, to call for the records in C.C.No.127 of 2026 on the file of the learned Judicial Magistrate Court, Theni and QUASH THE CHARGE

SHEET as against the Petitioner herein and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.

For Petitioner(s)

:M/s.J.Julius Mera Smith

For Respondent(s)

:M/s. V. Shathurthi Raja,

Government Advocate (crl. Side)

For R1

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ORDER

The present petition has been filed by the sole accused in C.C. No. 127 of 2026, pending on the file of the learned Judicial Magistrate, Theni, seeking to quash the charge sheet filed against him for the offences punishable under Sections 316(2), 318(4) and 351(3) of the BNS, 2023.

2. A perusal of the charge sheet reveals that the petitioner allegedly collected a sum of Rs.90,00,000/- from the defacto complainant on the representation that he was in possession of a 1 kg gold bar, which he would transfer to the defacto complainant. However, the petitioner neither returned the money nor handed over the gold bar to the defacto complainant. Hence, the defacto complainant lodged a complaint, pursuant to which an FIR was registered, and the investigation culminated in the filing of the charge sheet against the petitioner. __________

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CRL OP(MD) No. 23433 of 2026

3. According to the learned Counsel appearing for the petitioner, neither the cash nor the gold bar has been recovered, and the allegations made against the petitioner are false. In any event, the learned counsel contends that a purely civil dispute has been given a criminal colour.

4. Heard the submissions made on either side and perused the materials available on record.

5. As could be seen from the charge sheet, the petitioner is alleged to have received a sum of Rs. 90,00,000/- from the defacto complainant on the assurance that he would transfer a 1 kg gold bar to the defacto complainant. However, the petitioner has neither returned the amount nor handed over the gold bar to the defacto complainant.

6. In such circumstances, this Court is of the considered opinion that a prima facie case has been made out against the petitioner. Therefore, no legal grounds have been made out to quash the charge sheet, and the present petition is devoid of merits. __________

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CRL OP(MD) No. 23433 of 2026

7. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed. 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gvn __________

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CRL OP(MD) No. 23433 of 2026 To

1. The Judicial Magistrate Court, Theni.

2. The Inspector of Police, District Crime Branch (DCB), Theni District.

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

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CRL OP(MD) No. 23433 of 2026 R.VIJAYAKUMAR J. gvn CRL OP(MD) No. 23433 of 2026 14-10-2026 __________

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