BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).Nos.21332 of 2025 and Crl.M.P.(MD)No.18307 of 2025

1. Mohankumar @ Mohanakumar

2. Satheesh @ Satheesh Kumar ... Petitioners Vs.

1. The State of Tamil Nadu, Rep . by The Inspector of Police, Thuckalay Police Station, Thuckalay, Kanyakumari District.

Crime No.638/2020

2. Gnana Reji ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records relating to the C.C.No.175/2023 on the file of the learned Judicial Magistrate Court No.I, Padmanabhapuram, Kanyakumari District and quash the same as illegal in so far as petitioners are concerned.

For Petitioners : Mr.K.Prabu For R-1 : Mr.S.Ravi, Additional Public Prosecutor

ORDER

Preface:

The present 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 criminal proceedings in C.C.No.175 of 2023, on the ground that the prosecution is legally unsustainable, actuated by mala fides, and amounts to abuse of the process of law.

Case of the prosecut