BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and Crl.M.P(MD)Nos.100 & 102 of 2026 R.Narayanan ... Petitioner/Sole Accused Vs.

1.The State of Tamil Nadu, Rep.by the Inspector of Police, Gandamanur Police Station, Theni.

(Crime No.141/2024) ... Respondent/Complainant

2.RN.Mangalakrishnakanth ... Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records and quash the Final report in STC No.64 of 2025, on the file of the learned Judicial Magistrate Court, Andipatti, Theni District, and quash the same as illegal.

For Petitioner : Mr.S.Ramanathan For R1 : Mr.B.Thanga Aravindh Government Advocate(Crl.Side)

ORDER

Seeking quashment of the final report in S.T.C.No.64 of 2025 on the file of the learned Judicial Magistrate Court, Andipatti, Theni District, this criminal original petition is filed.

2. The learned counsel for the petitioner submitted that the defacto complainant is the 2^nd respondent herein, who is none other than the petitioner's own son. On 20.08.2024, while the petitioner was returning from Court, had fallen down from his two wheeler due to the sudden crossing of a stray dog. Following which, he had sustained injuries and he was admitted in Government hospital at the first stage and later, to a private hospital for further treatment. In this regard, the 2^nd respondent who is the son of the petitioner had lodged a complaint, following which. F.I.R in Crime No.141 of 2024 came to be registered by the 1^st respondent Police. However, after investigation, while filing final report, the 1^st responders police had filed the final report observing that the petitioner had fallen down due to his rash and negligent driving and has committed offence under Section 281 of BNS, 2023.

3. The learned counsel for the petitioner further pointed out that the offence under Section 279 of IPC will not be made out for the reason that the aforesaid Section would be clearly attracted only when a person drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person. However, in the instant case, the accident had happened only due to the unanticipated crossing of stray dog, in which the petitioner had fallen down and had sustained injuries himself.

4. The learned Government Advocate (Crl.side) submitted that the 2^nd respondent had lodged a complaint earlier before the police only for the purpose of insurance and now, after registration of the case and after the conclusion of the investigation, they seek for quashhment and such a conduct is impermissible and sought for dismissal.

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

6. A careful reading of the F.I.R would clearly prove the contradiction of the nature of accident, which is narrated in the final report. That apart, the offence under Section 279 of IPC would be made out only when a person drives or rides any vehicle in a public way in a manner so as to endanger human life or cause hurt or injury to any other person. However, in this case, the petitioner though sustained injury, had not endangered human life or cause hurt or injury to any other person. Hence, the final report in S.T.C.No.64 of 025 on the file of the learned Judicial Magistrate Court, Andipatti, Theni District is quashed.

7. Accordingly, this Criminal Original Petition stands allowed.

Consequently, connected Miscellaneous Petitions are closed.

06.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To

1.The Judicial Magistrate Court, Andipatti, Theni District. 2.The Inspector of Police, Gandamanur Police Station, Theni.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

L.VICTORIA GOWRI, J.

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06.01.2026