BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).Nos.14991 of 2025 and Crl.M.P.(MD)Nos.12160 and 12161 of 2025 Siva Sakthi Iyyappan ... Petitioner Vs.

1.The State of Tamil Nadu Rep. by The Inspector of Police, Kaliyakkavilai Police Station, Kanyakumari District. (Crime No.288/2019).

2.Rajeshkumar ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records in S.C.No.284/2023 pending before the Assistant Sessions Judge cum Subordinate Court, Kuzhithurai, and quash the same as against the petitioner/Sole Accused.

For Petitioner : Mr.R.Rajamohan For R-1 : Mr.Thanga Aravindh.B, Government Advocate (Crl. Side)

ORDER

Preface:

The inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure, 1973) is intended to prevent abuse of the process of Court and to secure the ends of justice. When criminal proceedings disclose manifest procedural illegality, jurisdictional error, or are demonstrably attended with mala fides, the High Court is duty-bound to intervene at the threshold. The present Criminal Original Petition presents one such instance where a case and counter-case arising out of the same transaction have been dealt with in blatant disregard of settled principles governing investigation and trial.

2. This Criminal Original Petition has been filed praying to call for the records relating to the Final Report filed in Crime No.288 of 2019 on the file of the first respondent police, taken cognizance as S.C.No.284 of 2023 by the Assistant Sessions Judge-cum- Subordinate Judge, Kuzhithurai, and to quash the same insofar as the petitioner / sole accused is concerned.

Case of the prosecution:

3. The case of the prosecution, in brief, is that the second respondent / de facto complainant is the owner of a Maxi Cab Van bearing Registration No. TN-67-BZ-6143. On 20.12.2019 at about 4.45 p.m., when the said van was proceeding near PPM Junction car stand from Kaliakkavalai, two persons known to the de facto complainant allegedly stepped onto the vehicle. It is alleged that the petitioner thereafter wrongfully restrained the van, abused the de facto complainant using filthy language, threatened him, and broke the right side mirror of the van, causing damage assessed at Rs.

1,350/-, besides causing injury to the de facto complainant’s hand.

4. Based on the complaint lodged by the de facto complainant on the same day, the first respondent police registered a case in Crime No.288 of 2019 for offences under Sections 294(b), 341, 427 and 506(i) of the Indian Penal Code. Upon completion of investigation, a Final Report was filed, which was taken cognizance as S.C.No.284 of 2023 by the learned Assistant Sessions Judge-cum-

Subordinate Judge, Kuzhithurai.

Case of the petitioner:

5. The petitioner submits that the impugned prosecution is a counterblast to an earlier complaint lodged by him on the very same date, arising out of the same transaction. According to the petitioner, on 20.12.2019 at about 4.50 p.m., while he was discharging his duty as Branch Manager at Kaliakkavalai Bus Stand, the de facto complainant parked his Maxi Cab Van in front of the TNSTC Bus Stand in violation of Motor Vehicles Rules and illegally boarded passengers, causing traffic obstruction.

6. When the petitioner questioned the same, the de facto complainant allegedly abused him in filthy language, issued life threats and dashed the van against the petitioner, causing injury to him. Based on the petitioner’s complaint, the respondent police registered Crime No.287 of 2019 for offences under Sections 294(b), 323, 353 and 506(i) IPC, which was taken cognizance as S.T.C.No. 279 of 2020 by the learned Judicial Magistrate No.I, Kuzhithurai and is pending trial.

7. The petitioner contends that both crimes arose out of the same occurrence, but the investigating