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2026 Supreme(Online)(Mad) 20661

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
A.Nagappan @ Vimal, S/o.Annamalai @ Selvam – Appellant
Versus
The State of TamilNadu Rep. by The Inspector of Police, K.Pudur Police Station, Madurai City. – Respondent
Crl.M.P.(MD).No.4935 of 2026



Advocates:
For the Appellants/Petitioners: Mr.S.Malaikani
For the Respondents: Mr.R.Meenakshi Sundaram Additional Public Prosecutor

A second quash petition is not maintainable if it raises similar grounds to a previously dismissed petition without introducing new issues.

Headnote:In this judgment, the Court analyzed the Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking to quash a charge sheet in C.C.No.549 of 2021. The petitioner had previously filed a similar petition which was dismissed, establishing that new grounds must be raised for a second application, which this Court found lacking. It directed the trial court to dispose of the case within six months. The Criminal Original Petition was dismissed.

Table of Content
1. filing status and purpose of petition. (Para 1)
2. previous dismissal's impact on current petition. (Para 2)
3. court's directive on trial court proceedings. (Para 3)

ORDER

This Criminal Original Petition has been filed to quash the charge sheet in C.C.No.549 of 2021 pending on the file of the Judicial Magistrate No.VI, Madurai.

2. It could be seen from the records that the present petitioner, along with others, had already filed a similar petition before this Court in Crl.O.P.(MD).No. 16337 of 2022 seeking to quash the charge sheet in C.C.No.549 of 2021 on the file of the Judicial Magistrate No.VI, Madurai. This Court, by order dated 15.03.2024, dismissed the said quash petition. In order to maintain a second application for quash, new grounds must be raised which were not urged in the earlier quash petition. However, on perusal of the petition in Crl.O.P.(MD).No. 16337 of 2022, it is seen that the grounds raised therein are almost similar to the grounds raised in the present quash petition. Therefore, this Court is of the considered opinion that the present second quash petition is not maintainable.

3. In such circumstances, there shall be a direction to the concerned trial Court to dispose of the case within a period of six months from the date of receipt of a copy of this order.

4. With the above directions, this Criminal Original Petition is dismissed.

No costs. Consequently, connected miscellaneous petition is closed.

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