- Court
- High Court of Madras
- Decided
- 29 July 2026
- Bench
- D.Bharatha Chakravarthy
- Case no.
- CRL OP 20176/2026
Judgment
ORDER The prayer in this Criminal Original Petition is to quash the Charge sheet in C.C.No.1855 of 2019 on the file of the Judicial Magistrate Court -VII, Coimbatore insofar as the petitioner herein is concerned.
¶2The crux of allegations of the prosecution case is that the de-facto complainant was moved into paying a sum of Rs.25 lakhs, firstly for promising to bring a movie actor for an inaugural function and secondly, to arrange for a loan.
¶3The primary arguments of the learned counsel for the petitioner is that this petitioner is only arrayed as accused No.3 and he has got nothing to do with the said transactions and the entire business partnership is between the first accused and the de-facto complainant alone, except for mentioning him as a friend whom he met, there is no other allegations as far as the present petitioner is concerned. Page3 of 5
¶4While considering the said submissions, it can be seen from the statement of L.W.1 de-facto complainant wherein she makes allegations as if the petitioner/accused No.3 were also present and the money was also handed over jointly etc. Therefore, it cannot be said that there is no material at all to proceed against the petitioner. The submissions made by the learned counsel for the petitioner are factual in nature and the same can be raised before the Court during trial. Therefore, keeping open the liberty of the petitioner to raise all those grounds before the trial Court, the prayer in the present Criminal Original Petition cannot be countenanced and as such, the Criminal Original Petition stands dismissed. Consequently, connected Miscellaneous Petition is closed.
¶5However, considering the hardship pleaded by the learned counsel for the petitioner, the presence of the petitioner before the trial Court except for the hearing that may be insisted upon by the trial Court shall stands dispensed with. 29-07-2026 DP Page4 of 5 To
¶1The Judicial Magistrate Court -VII, Coimbatore.
¶2The Inspector of Police City Crime Branch, Coimbatore City,
¶3The Public Prosecutor, Madras High Court. CRLoOPoNo.o20176oofo2026 D.BHARATHAoCHAKRAVARTHY,oJ. DP CRLoOPoNo.o20176oofo2026 29-07-2026 Page5oofo5
Case details
Parties and counsel
Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and Crl.M.P.Nos.13478 & 13479 of 2026 N.Saravanankumar @ Kittu S/o.Nagarajan, No.46/56, K.K.Nagar, P and T Colony, Edayarpalayam, Coimbatore - 641028. ..Petitioner(s) Vs 1. The State rep by the Inspector of Police City Crime Branch, Coimbatore City, Crime no.53 of 2018. 2. Reshma Srijay W/o.Srijaysriman, Jein Rathna Appartment, Door No.41, Periyasamy Road West, R.S.Puram, Coimbatore - 2. ..Respondent(s) Petition filed under Section 528 of BNSS, praying to call for the records pertaining to the Charge sheet in C.C.No.1855 of 2019 on the file of the Judicial Magistrate Court -7, Coimbatore quash the same in so far as the petitioner is concerned by allowing this Criminal Original Petition. For Petitioner(s): Mr.R.Prabakar Page2 of 5 For Respondent(s): Mr.M.Mohamed Riyaz Government Advocate (Crl. Side) for R1
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