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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI
S. Kumar – Appellant
Versus
State of Tamilnadu, Rep by. the Inspector of Police, Sankarankovil Town Police Station, Tenkasi – Respondent
ORDER :
L. VICTORIA GOWRI, J.
Preface:
This Criminal Original Petition has been filed invoking the inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashment of the First Information Report in Crime No.494 of 2025, dated 09.06.2025, on the file of the respondent police, insofar as the petitioner / Accused No.3 is concerned.
2. The petitioner has approached this Court with the specific grievance that even on a plain reading of the complaint and the First Information Report, none of the ingredients of the offences alleged against him are made out and that the continuation of the criminal proceedings against him would amount to an abuse of process of law.
Case of the Prosecution:
3. The prosecution case, as could be seen from the First Information Report, is that on 08.06.2025, at about 10.30 p.m., the respondent police received information about unusual activities near Royal Sports Welfare Club situated on Puliyangudi Road.
4. Acting upon the said information, the respondent police proceeded to the place of occurrence. On reaching the spot, it is alleged that four persons, including the present petitioner, were found creating a r
Criminal proceedings are liable to be quashed under Section 528 BNSS when the final report fails to disclose the specific essential ingredients of the alleged offences, rendering the trial a futile e....
The court clarified that continuing prosecution without sufficient allegations amounting to criminal offenses constitutes an abuse of process under Section 528 BNSS, 2023.
The main legal point established in the judgment is that the sufficiency of a complaint to establish prima facie evidence of alleged offences, as well as the cognizable or non-cognizable nature of th....
The court quashed the FIR as it did not disclose a cognizable offence and the delay in filing was unexplained, emphasizing the need to prevent abuse of legal processes.
Allegations must meet specific legal criteria to support criminal charges; vague claims under Sections 294 and 506 of IPC should lead to quashing of FIR and proceedings.
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