IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
Harsha – Appellant
Versus
State of Tamilnadu – Respondent
Crl.OP.(MD)No.4809 of 2026 | Crl.M.P(MD)Nos.5154 & 5155 of 2026
| Table of Content |
|---|
| 1. trial court's factual claims establish initial prosecution basis. (Para 1 , 2 , 3) |
| 2. petitioners challenge charge sheet as motivated. (Para 4) |
| 3. court declines to quash based on factual grounds. (Para 5) |
For Petitioner : M/s.S.Kanagarajan For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor for R1 * * * * * ORDER The present petition has been filed by the fourth and fifth accused in C.C.No.2127 of 2025, on the file of the learned Judicial Magistrate No.V, Madurai, seeking to quash the charge sheet.
2. A perusal of the charge sheet reveals that the petitioners herein have been charged under Sections 147, 294(b), 342, 323, 506(2), 326 and 34 of I.P.C.
3. From the charge sheet, it could be found that the case of the prosecution is that the petitioner along with others have attacked the defacto complainant and he has sustained grievous injuries and they have also said to have abused the defacto complainant.
4. The learned Counsel appearing for the petitioner submitted that it is a motivated case and the name of the petitioners have not been found in the Accident Register. He further submits that the cell phone has been seized much belatedly and the FIR has also been lodged belatedly.
5. This Court is of the considered opinion that the grounds raised by the learned Counsel appearing for the petitioner are factual in nature and they do not in anyway attract the scope of Section 482 to quash the charge sheet. When prima facie case is made out from the charge sheet, this Court is not inclined to entertain the present quash petition. The trial Court is directed to dispose of the criminal case without being influenced by anyone of the observations made by this Court. Considering the fact that the petitioners are women, their presence shall be dispensed with unless they are directed to appear before the Court. 6. Accordingly, this Criminal Original Petition stands dismissed.
Consequently, connected miscellaneous petitions are also closed.
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