Peratchi Moorthy v. State of Tamilnadu Rep by Inspector of Police, Palayamkottai

ORDER This Criminal Original Petition is filed to call for the records impugned Charge Sheet in P.R.C.No.325 of 2025 on the file of the learned Judicial Magistrate Court -I, Tirunelveli and quash the same as against the petitioners.

¶2The learned counsel for the petitioner submitted that the second respondent is the defacto complainant. On 03.10.2024, while he went for patrolling near South Bazar Street, Palayamkottai, the petitioners had caused nuisance to the public and Dhasara cart festival. When the second respondent has questioned them, they have uttered filthy words and attacked with hands. They have also damaged the Government vehicle and tried to escape. In this regard, the first information report in Crime number No.554 of 2024 was registered for the offence under Sections 296(b), 121(1), 132, 351(3) of BNS r/w Section 3 of Tamil Nadu Public Property (Prevent of Damage & Loss) Act, 1992 [294(b), 332, 353 and 506(2) of IPC] against the petitioners. A charge sheet has been filed before the learned Judicial Magistrate No.I, Tirunelveli, in PRC No.325 of 2025 for the same offences. Seeking quashment of the same, this petition is filed.

¶3Learned counsel for the petitioners submitted that the petitioners have nothing to do with the altercations which happened between the the petitioners and the second respondent. The petitioners have celebrated and performed in front of the Dhasara Cart. Since the second respondent is attached to the first respondent police station, a false case has been registered as against the petitioners. They had not indulged in any criminal activities except participating in the festival. Learned counsel for the petitioners sought for quashment of the charges against the petitioners.

¶4Per contra, learned Government Advocate submitted that on the date of occurrence, the petitioner along with other accused had proceeded to the place of occurrence and had attacked the defacto complainant and parties and they have also abused the second respondent who is a police officer and obstructed him from discharging his duties and also attacked him. Hence, he sought for dismissal of the petition.

¶5Heard either side and perused the materials available on record.

¶6It is seen that the petitioners have celebrated the cart festival and have also performed in front of the cart and they have not caused any nuisance or disturbance to public or the police official. A careful reading of the charge sheet would make it clear that no specific overt act is made against the petitioners herein, so as to lay a charge sheet against him for the charges under Sections 296(b), 121(1), 132, 351(3) of BNS r/w Section 3 of Tamil Nadu Public Property (Prevent of Damage & Loss) Act, 1992.

¶7Accordingly, the impugned charge sheet in P.R.C.No.325 of 2025 on the file of the learned Judicial Magistrate Court -I, Tirunelveli, is quashed and this Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed.

11.02.2026 NCC : yes / no Index : yes / no dss / pnn To

¶1The Inspector of Police, Palayamkottai Police Station, Tirunelveli District. Crime No. 554/2024.

¶2The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. L. VICTORIA GOWRI, J dss / pnn ORDER IN CRL OP(MD) No.2763 of 2026 Date : 11/02/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11/02/2026 CORAM THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI and CRL MP(MD). Nos.3057 and 3059 of 2026 1. Peratchi Moorthy, 2. Nambirajan, 3. Prakash @ Lakshmana Prakash ... Petitioners / Accused Nos.1 to 3 Vs 1. State of Tamilnadu Rep by Inspector of Police, Palayamkottai Police Station, Tirunelveli District. Crime No. 554/2024. 2. Iyyappan Head Constable 1682, Palayamkottai Police Station, Tirunelveli District. ... Respondents PRAYER :- To call for the records impugned Charge Sheet in P.R.C.No.325 of 2025 on the file of the learned Judicial Magistrate Court -I, Tirunelveli and Quash the same as against the petitioners. For Petitioner : Mr. V. M.Jegadeesha Pandian, Advocate For Respondent : Mr.S.Ravi Additional Public Prosecutor