Kumar Vs The State rep. by - Court Judgment

SooperKanoon Citationsooperkanoon.com/1851378
CourtChennai Orders High Court
Decided OnJun-30-2025
Case NumberCRL OP/12121/2025
JudgeHonourable Mr Justice P. Velmurugan
AppellantKumar
RespondentThe State rep. by
Excerpt:
in the high court of judicature at madrasdated: 30.06.2025coram:the honourable mr.justice p.velmurugan and crl.m.p.no.8074 of 2025 --- kumar, s/o boopathi .. petitioner vs.1. the state rep. by the inspector of police,2. premjothi, w/o manimaran .. respondentscriminal original petition filed under section 528 of the bnss to call for the entire records relating to the criminal case in s.c.no.110 of 2019 on the file of the principal district and sessions court, vellore and quash the same. for petitioner : m/s.p.lavanya and a.sivapandi for respondents: dr.c.e.pratap, govt. advocate (criminal side) for r-1 no appearance for r-2 page no.1/4orderthis petition is filed to call for the entire records relating to the criminal case in s.c.no.110 of 2019 on the file of the principal district and sessions court, vellore and quash the same.2. on a reading of the fir, charge-sheet and the statements recordedfrom the witnesses, i.e de-facto complainant and the recovery mahazar witness and the medical witness, prima-facie materials are available to proceed the case further as against the petitioner and the grounds taken by the petitioner are not sufficient to quash the case.3. therefore, this petition is dismissed, with liberty to the petitioner to take all his defences during the course of trial before the trial court.4. with the above observations, this petition is dismissed. the miscellaneous petition is closed. cs page no.2/4 to1. the inspector of police,2. the public prosecutor, high court, madras.3. principal district and sessions judge, vellore. page no.3/4 p.velmurugan, j cs page no.4/4
Judgment:

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 30.06.2025

Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and Crl.M.P.No.8074 of 2025 --- Kumar, S/o Boopathi .. Petitioner Vs.

1. The State rep. by the Inspector of Police,

2. Premjothi, W/o Manimaran .. Respondents

Criminal Original Petition filed under Section 528 of the BNSS to call for the entire records relating to the criminal case in S.C.No.110 of 2019 on the file of the Principal District and Sessions Court, Vellore and quash the same. For petitioner : M/s.P.Lavanya and A.Sivapandi For respondents: Dr.C.E.Pratap, Govt. Advocate (Criminal Side) for R-1 No appearance for R-2 Page No.1/4

ORDER

This petition is filed to call for the entire records relating to the criminal case in S.C.No.110 of 2019 on the file of the Principal District and Sessions Court, Vellore and quash the same.

2. On a reading of the FIR, charge-sheet and the statements recorded

from the witnesses, i.e de-facto complainant and the recovery mahazar witness and the medical witness, prima-facie materials are available to proceed the case further as against the petitioner and the grounds taken by the petitioner are not sufficient to quash the case.

3. Therefore, this petition is dismissed, with liberty to the petitioner to take all his defences during the course of trial before the trial Court.

4. With the above observations, this petition is dismissed. The miscellaneous petition is closed. cs Page No.2/4 To

1. The Inspector of Police,

2. The Public Prosecutor, High Court, Madras.

3. Principal District and Sessions Judge, Vellore. Page No.3/4 P.VELMURUGAN, J cs Page No.4/4