CRL OP(MD)/25191/2026 of Chellaiyah Vs The Addl. Superintendent of Police on 10 November 2026

ORDER

This Criminal Original Petition has been filed by A1 and A2 in Spl.S.C.No.54 of 2026, pending on the file of the learned Special Judge, Special Court for PCR Cases, Sivagangai, invoking Section 528 of BNSS, 2023, seeking to quash the final report, wherein the petitioners stand charged for the offences punishable under Sections 103(1), 118(1) and 351(3) r/w. 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. The case of the prosecution, as culled out from the final report, is that owing to a dispute that arose during the temple festival, the petitioners, with a motive to do away with the deceased, deliberately hit the two wheeler from its rear side and thereby caused his death.

CRL OP(MD) No. 25191 of 2026

3. The learned counsel appearing for the petitioners would contend that the occurrence is nothing but a road accident. According to him, it was the two wheeler that rammed into the car driven by the petitioners, as a result of which the riders fell down. He would further submit that three persons were travelling on the said two wheeler and that all of them were in an inebriated condition. The pillion rider, having sustained injuries in the fall, succumbed to the same. It is his contention that a simple motor accident case has been given the colour of a murder by the prosecution.

4. Per contra, the learned Additional Public Prosecutor appearing for the respondents 1 to 3 would submit that one of the accused was driving the car, while two other accused were escorting the car on a two wheeler, carrying iron rods in their pockets. It is his further submission that the accused had a specific motive to eliminate the deceased.

5. The learned Additional Public Prosecutor would also point out that the Motor Vehicle Inspector's report clearly indicates damage to the rear portion of the two wheeler. He would further submit that the other eye witnesses have also supported the case of the prosecution.

6. This Court has given its anxious consideration to the submissions made on either side and perused the materials available on record.

7. A reading of the final report would show that the accused persons chased the two wheeler on which the deceased was travelling as a pillion

CRL OP(MD) No. 25191 of 2026 rider. It is alleged that two of the accused were escorting the car on their two wheeler, holding wooden logs measuring about 3 feet in their hands. It is further alleged that all the accused acted in pursuance of a conspiracy to commit the murder of the deceased.

8. When the final report contains specific allegations as to the motive as well as the overt acts attributed to the petitioners, this Court is of the considered view that it is not a fit case to interdict the trial at this stage. The defence now projected by the petitioners, namely that the occurrence was a mere accident, raises disputed questions of fact, which can be gone into only during the course of trial. It is always open to the petitioners to raise all their defences before the trial Court. The trial Court shall dispose of the case on its own merits, uninfluenced by any of the observations made in this order.

9. In the result, this Court finds no merit in the petition. Accordingly, this Criminal Original Petition stands dismissed. Consequently, the connected miscellaneous petitions are closed. 10-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RJR

CRL OP(MD) No. 25191 of 2026 To

1. The Additional Superintendent of Police Prohibition Enforcement Wing Sivagangai District Sivagangai

2. The Deputy Superintendent of Police Devakottai Sub-Division Sivagangai District

3. The Sub-Inspector of Police Kandavarayanpatti Police Station Sivagangai District

4. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai

CRL OP(MD) No. 25191 of 2026 R.VIJAYAKUMAR, J. RJR CRL OP(MD) No. 25191 of 2026 10-11-2026