Madras High Court
CRL OP(MD)/7605/2026 of Annadurai Vs State Of Tamilnadu Rep By Inspector Of Police, Thiruppathur Town on 12 November 2026
CRL OP(MD) No. 7605 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12-11-2026
CORAM
THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR
CRL.O.P.(MD) No.7605 of 2026
and
CRL.M.P.(MD) No.8200 of 2026
CNR:{HCMD010532652026}
Annadurai
..Petitioner(s)
Vs
1. State Of Tamil Nadu Rep By Inspector Of Police, Thiruppathur Town Police Station, Sivagangai District.
2. State Of Tamil Nadu Rep By Inspector Of Police, Thiruppathur Town Police Station, Sivagangai District. Crime No.136/2025.
..Respondent(s)
Prayer: Petition filed under Section 528 of the BNSS, to call for the entire records pertaining to the charge sheet filed in SC No.305/2025 on the file of the Additional District and Sessions Court, Sivagangai as against the Petitioner and Quash the same as illegal.
For Petitioner(s)
: Mr.Mahamed Hussain H
For Respondent(s)
: Mr.P.Samuel Gunasingh
Additional Public Prosecutor
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ORDER
The present petition has been filed by the sole accused in S.C.No.305 of 2025 on the file of the Additional District and Sessions __________
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CRL OP(MD) No. 7605 of 2026 Court, Sivagangai, seeking to quash the charge sheet, wherein, the petitioner is charged for the offences under Sections 296(b), 351(3) of the BNS, 2023 and Section 25(1A) of the Arms Act, 19591.
2. A perusal of the charge sheet reveals that the petitioner herein was found to be in possession of a sword of 63 cms and roaming around a crowded area at Thiruppathur Sandhaipettai at 4:00 PM on 10.05.2025. The petitioner is also said to have abused the general public and threatened them and he claimed to be a rowdy element.
3. According to the learned counsel appearing for the petitioner, for invoking Section 25(1A) of the Act, a notification should have been issued by the Central Government under Section 4 of the Act, however, no such notification has so far been issued. He would further submit that the averments in the charge sheet would not attract Section 296(b) of the BNS, 2023, and he would also submit that no complaint has been lodged by the general public. The learned counsel pointed out that all the witnesses are Police Officials and a false case has been foisted against the petitioner. 1 In short, hereinafter referred as “the Act”. __________
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CRL OP(MD) No. 7605 of 2026
4. Heard the learned counsel for the petitioner and perused the material records.
5. As it is seen from the charge sheet, the petitioner is said to have abused and threatened the general public by holding 63 cms sword in his hand in a highly crowded locality. As rightly pointed out by the learned counsel for the petitioner, so far, no notification has been issued by the Central Government, as contemplated under Section 4 of the Act. Further, none of the general public are shown as witnesses in the case and all of them are Police Officials, which creates a doubt whether the petitioner was indulging in such an abuse and threatening of the general public at about 4:00 PM.
6. In such view of the matter, continuing the criminal proceedings as against the petitioner would only be an abuse of the process of law and therefore, the charge sheet in S.C.No.305 of 2025 on the file of the learned Additional District and Sessions Court, Sivagangai, stands quashed. __________
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CRL OP(MD) No. 7605 of 2026
7. Accordingly, the present petition stands allowed. Consequently, connected miscellaneous petition is closed. 12-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No drm __________
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CRL OP(MD) No. 7605 of 2026 To
1. Inspector Of Police, Thiruppathur Town Police Station Sivagangai District.
2. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
3. The Additional District and Sessions Court, Sivagangai. __________
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CRL OP(MD) No. 7605 of 2026 R.VIJAYAKUMAR J. drm CRL.O.P.(MD) No.7605 of 2026 12-11-2026 __________
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