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Crl.OP.No.1600 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2026

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA

Crl.OP.No.1600 of 2026

and

Crl.MP.No.1011 of 2026

1. Sathyamoorthy

2. Vikramadharma

3. Deepan Chakaravarthy

4. Tamilvanan

5. Kaviarasan

6. Muruharaj @ Muruhadoss ...Petitioners

Vs.

1. State of Tamil Nadu rep. by,

The Inspector of Police,

Padalur Police Station,

Perambalur District.

Crime No.320 of 2016.

2. Kaliyamoorthy ...Respondents

Criminal Original Petition filed under Section 528 of BNSS, 2023 to

call for the records in Crime No.320 of 2016, on the file of the 1^st

respondent.

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Crl.OP.No.1600 of 2026

For Petitioners : Mr.T.Balachandran

For Respondents : Mr.S.Santhosh, GA(Crl. Side), for R1

ORDER

This criminal original petition has been filed seeking to set aside the

FIR in Crime No.320 of 2016, on the file of the 1^st respondent-police.

2. Based on the complaint given by the 2^nd respondent, an FIR in

Crime No.320 of 2016 came to be registered on the file of the 1^st respondent-

police for the offences under Sections 147, 148, 324 and 506(II) of IPC as

against the petitioners and 5 others. Aggrieved by the same, the present

petition has been filed.

3. Learned counsel for the petitioners submitted that it is a case of

case and counter case and the de facto complainant, who is the husband of

the President of the village, along with 6 others, assaulted the petitioners and

others. Therefore, one Amulraj, who has been arrayed as A4 in the above

FIR, gave a complaint before the respondent-police, pursuant to which, an

FIR in Crime No.319 of 2016 came to be registered for the offences under

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Crl.OP.No.1600 of 2026

Sections 147, 148, 294(b), 323, 324 and 506(II) of IPC as against the 2^nd

respondent/de facto complainant and others and only as a counter blast, the

present complaint has been lodged. However, without considering the said

fact, the 1^st respondent entertained the present false and exaggerated

complaint made by the 2^nd respondent, which is not sustainable. Accordingly,

he prayed for setting aside the impugned FIR.

4. Per contra, the learned Government Advocate (Crl. Side) appearing

for the 1^st respondent submitted that in the latter case, both the parties have

assaulted each other and both the parties suffered injuries. He further

submitted that the 1^st respondent-police are conducting enquiry in both the

FIRs, in compliance with PSO 566, which mandates that in cases and

counter-cases arising from the same incident, the Investigating Officer must

investigate both, identify the real aggressor, and file a final report in order to

prevent mechanical filing of charge sheets in both cases. He also submitted

that the investigation is going on in the right lines and hence, at this juncture,

the impugned FIR is not liable to be quashed.

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Crl.OP.No.1600 of 2026

5. Heard the learned counsel on either side and perused the materials

available on record.

6. The facts are not in dispute. Admittedly, it is a case of case and

counter case and that both the parties sustained injuries and therefore, the 1^st

respondent-police entertained the complaints given by both the parties and

registered FIRs in Crime Nos.319 & 320 of 2016 and it has also been

submitted by the learned Government Advocate (Crl. Side) that the

respondent-police are conducting enquiry in both the cases simultaneously

as mandated under PSO 566, in order to make sure that the investigation is

done in an impartial manner.

7. Further, no sufficient grounds have been made out by the

petitioners to interfere with the impugned FIR and therefore, this Court is

not inclined to grant the prayer sought by the petitioners.

8. However, the 1^st respondent-police is directed to complete the

investigation in both the cases in Crime Nos.319 & 320 of 2016 respectively

keepi