Manikandan v. The State Rep.By

ORDER The prayer in this Criminal Original Petition is to quash the proceedings in STC No. 412 of 2023 on the file of the Judicial Magistrate No.1, Mettur, Salem.

¶2Upon considering the First Information Report, the materials collected during the investigation, the final report, and the other records filed along with the petition, it can be seen that there is a dispute between the de facto complainant and the accused with reference to the partitioning of properties and a car. It is alleged that the accused demanded the car keys and hit the de facto complainant. The very same version was also given by the other side; FIRs were registered in both cases, and final reports were filed on identical lines. The present case is STC No. 412 of 2023, and the counter-case is STC No. 413 of 2023. Verbatim contradictory versions were presented by the investigating officer. Therefore, when two versions with reference to the same incident are given by both sides, the police cannot mechanically file final reports in both cases without investigating the matter, finding out who was the aggressor and who was the defender, and following Police Standing Order 566 along with the dictum of the Full Bench of this Court in Balaji and Others v. State, reported in

(2024) Supreme(Online)(MAD) 25038.

¶3Though it has been subsequently recorded in some judgments that this Court, while exercising its power under Section 482 of the Cr.P.C., can order further investigation to correct such defects, the facts and circumstances of the present case reveal that the incident itself has become stale, and the other issues are also stated to have been resolved. Consequently, I am of the view that both cases can be quashed.

¶4In view thereof, this Criminal Original Petition No. 21581 of 2023 is allowed on the following terms: i. The final reports and proceedings in STC No. 412 of 2023 and STC No. 413 of 2023 pending on the file of the Judicial Magistrate No.1, Mettur, Salem, shall stand quashed in their entirety. Pending petitions, if any, are closed. 29-07-2026 pbl D.BHARATHA CHAKRAVARTHY J. pbl To

¶1The Judicial Magistrate No.1, Mettur, Salem.

¶2The The Inspector Of Police, Jalagandapuram Police Station, Salem District.

¶3The Public Prosecutor, High court, Madras. CRL OP No. 21581 of 2023 and CRL MP No. 14886 & 14887 of 2023 29-07-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-07-2026 CORAM THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and CRL MP No. 14886 & 14887 of 2023 1. Manikandan S/o. Mr.Kandasamy, Sanjiviyur, Soorapalli Village, Mettur Taluk, Salem District. 2.Raja S/o. Palaniyappan 3.Santhosh S/o. Mr.Murugan, Petitioners 2 And 3 Are Residents Of Door No.15-1-8, Senkuttai, Soorapillai Village, Mettur Taluk, Salem District. 4.Murugan S/o. Mr. Palaniyappan, Senkuttai, Soorapalli Village, Mettur Taluk, Salem District. Petitioner(s) Vs 1. The State Rep.By The Inspector Of Police, Jalagandapuram Police Station, Salem District. ( Ref Crime No.249/2022 Dated 02.10.2022) 2.Subramaniyam S/o. Mr.Chinnagounder, Sanjiyur, Soorapalli Village, Mettur Taluk, Salem District. Respondent(s) PRAYER : Criminal Original petition has been filed under Section 482 of Cr.P.C praying to call for the records and quash the proceedings in connection with STC.No.412/2023 on the file of the Judicial Magistrate No.I, Mettur, Salem District for offences under sections 294(b) and 352 IPC and thus render justice. For Petitioner(s): Mr. C.Arun Kumar For Respondent(s): Mr. M. Mohammed Riyaz Government Advocate (Crl. Side) For R1 Mr. M.R.Jothimanian For R2