BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.21897 of 2025 and Crl.M.P.(MD)Nos.18807 and 18809 of 2025 R.Sekar ... Petitioner Vs.

State of Tamilnadu, Rep. by the Inspector of Police, Mandaikaud Police Station, Kanniyakumari District.

(Crime No.33/2024) ... Respondent Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records in connection with C.C. No.286 of 2024 on the file of the learned Judicial Magistrate, Eraniel, Kanniyakuamri District and quash the same. For Petitioner : Mr.K.Ragatheesh Kumar For Respondent : Mr.S.Ravi, Additional Public Prosecutor

ORDER

Preface:

The inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, now traceable to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is designed to prevent abuse of the process of law and to secure the ends of justice. Though the power is extraordinary and is required to be exercised sparingly, this Court cannot remain a mute spectator when criminal law is invoked for collateral purposes, personal vendetta, or to exert pressure in disputes which are essentially administrative or service-

related in nature.

2. The present Criminal Original Petition is one such instance, where the petitioner, a former police personnel who is already engaged in prolonged service litigation with the Department, is sought to be prosecuted on allegations which, even if taken at face value, do not disclose the essential ingredients of the offences alleged, and prima facie reveal a disturbing misuse of the criminal process.

3. The petitioner seeks to quash the Final Report filed in C.C.

No.286 of 2024 on the file of the learned Judicial Magistrate, Eraniel, Kanyakumari District, arising out of Crime No.33 of 2024, registered for the offences under Sections 336(2) and 339 of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 467 and 474 IPC).

Case of the prosecution:

4. The case of the prosecution, as reflected in the FIR and the charge sheet, is that the respondent police allegedly received information that the petitioner was in possession of a gun and forged identity documents and was misrepresenting himself as a serving police officer.

5. Acting upon such alleged information, the respondent police approached the Assistant Commissioner of Police, Colachel, and the learned Judicial Magistrate, Eraniel, and obtained a search warrant. Pursuant thereto, a search was conducted at the residence of the petitioner on 14.07.2024 between 12.00 p.m. and 12.45 p.m.

6. During the said search, the police claim to have recovered the following articles:

(i) A photograph of the petitioner in police uniform;

(ii) A photograph of the petitioner affixed on an identity card in the name of one Suresh, Grade-I Constable; and (iii) An identity card bearing the designation of Special Sub-

Inspector (SSI) with the photograph of the petitioner.

7. Based on the alleged recovery of the above materials, the respondent police registered the FIR for offences under Sections 336(2) and 339 of the Bharatiya Nyaya Sanhita, alleging that the petitioner had forged documents and was in possession of the same with an intention to cheat the public. After a purported investigation, the respondent police laid the Final Report before the learned Judicial Magistrate, Eraniel, and the same was taken on file as C.C.

No.286 of 2024, which is now sought to be quashed.

Case of the petitioner:

8. The petitioner, who was initially appointed as a Grade-II Police Constable in the year 1993, traces a long history of service- related grievances, serious medical ailments, repeated transfer disputes, denial of promotions, disciplinary proceedings, and eventual compulsory retirement, all of which are subject matter of writ proceedings culminating in W.A.(MD) No.125 of 2025, presently pending before this Court.

9. The petitioner asserts that the present criminal case is a direct