Thangarasu v. The Inspector of Police

ORDER The petitioners, who are facing trial in C.C.No.2 of 2024 for the offence under Sections 294(b), 323, 324, 506(i) IPC have filed this petition seeking to quash the proceedings. Page1 of 4

¶2The contention of the petitioners is that they and the defacto complainant hail from the same Village. On the date of occurrence, after grazing cattle, the petitioners were bringing them back to their house. At that time, the second respondent/defacto complainant, who was engaged in some work, had obstructed the way. When the petitioners requested her to remove the obstruction, it resulted in a wordy quarrel. Consequently, the present complaint has been lodged.

¶3It is further submitted that the defacto complainant is the aggressor, who had actually committed the offence. The petitioners had earlier lodged a complaint against the defacto complainant and others, which was registered as Crime No.518 of 2022. Thus, the present case is one of the case and counter case. However, the stage of the counter case was not known to the petitioners at the time of filing this petition. It is also contended that without following the Police Standing Order 566, the charge sheet has been filed in the present case.

¶4The learned Additional Public Prosecutor submitted that based on the complaint of the petitioner, a case in Crime No.518 of 2022 was registered against the second respondent and others. The investigation in that case has been completed and the same is now pending trial in STC.No.16 of 2024 before the Judicial Magistrate Court, Titagudi. Both cases are pending before the same Court, and the Police Standing Orders have been duly followed. Page2 of 4

¶5Considering the submissions, this Court is of the view that since it is a case and counter case, the quash petition cannot be entertained. It is for the petitioners to establish their defence before the Trial Court, as the matter involves disputed questions of fact, including who was the aggressor and the manner in which the occurrence took place.

¶6In such circumstances, both C.C.No.2 of 2024 and STC.No.16 of 2024 shall be taken up together by the Trial Court, tried simultaneously, and judgments shall be delivered on the same day by separate judgments in each case.

¶7Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed. 27-03-2026 Index: Yes/No Speaking/Non-speaking order PVS To

¶1The Judicial Magistrate Court Thittagudi, Cuddalore

¶2The Inspector of Police Thittagudi Police Station, Cuddalore District. Page3 of 4 CRLoOPoNo.o7890oofo2026 M.NIRMALoKUMAR,oJ. PVS CRLoOPoNo.o7890oofo2026 27-03-2026 Page4oofo4

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-03-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR and CRL.MP.Nos.5620 and 5621 of 2026 1.Thangarasu 2.Baskar ..Petitioner(s) Vs 1.The Inspector of Police Thittagudi Police Station, Cuddalore District. Cr.No.517 of 2022 2.Mookkaayi ..Respondent(s) To call for the records pertaining to a case in CC No.2/2024 on the file of the Judicial Magistrate Court Thittagudi, at Cuddalore District and quash the same. For Petitioner(s): M/s. K. Karuppaiya Mooppanar For Respondent(s): Mr.Leonard Arul Joseph Selvam, Additional Public Prosecutor, for R1