BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12/02/2026 CORAM THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI CRL OP(MD). Nos.382 and 10179 of 2025 and CRL MP(MD). Nos.246, 248 and 5578 of 2025 and CRL MP(MD)Nos.7581 & 7583 of 2025 CRL OP(MD). No.382 of 2025

1. Jahangeer

2. Abdhul Rahuman

3. Liyakath Ali

4. Sarthar Alias Sarthar Shakip

5. Thajidheen ... Petitioners Vs

1. The State of Tamil Nadu, Rep. by the Inspector of Police, Pallathur Police Station, Sivagangai District.

(Crime No. 42 of 2018).

2. Kathar Ali S/o. Asan Muhamadhu, Pallivasal Street, Pallathur, Sivagangai District. ... Respondents PRAYER :-

To call for the records relating to the charge sheet filed in C.C. NO.

1165 of 2022 pending on the file of learned Judicial Magistrate, Karaikudi and quash the same as illegal.

For Petitioner : Mr. S.Sukumar, Advocate.

For Respondents : Mr. M.Sakthi Kumar for R1 Government Advocate (Crl.Side)

Mr.Mani Bharathi for R2 CRL OP(MD). No.10179 of 2025

1.Sahulhameed

2.Puroskhan

3.Sheak Abdhula

4.Abdhulkathar ... Petitioners / Accused No.1 to 4 Vs

1.The State represented by The Inspector of Police, Pallathur Police Station, Sivagangai District.

(Crime No.41 of 2018) ... 1^st Respondent / Complainant

2.Jahangeer ... 2^nd Respondent / Defacto Complainant PRAYER :-

To call for the entire records connected with the proceedings in C.C.No.837 of 2022 on the file of the Learned Judicial Magistrate, Karaikudi and Quash the same as illegal as against the Petitioners.

For Petitioners : Mr.A.Vignesh For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl Side)

for R.1 Mr.S.Sukumar for R.2 COMMON ORDER These Criminal Original Petitions are filed to call for the records relating to the charge sheets filed in C.C. No. 837 of 2022 and C.C.No. 1165 of 2022, pending on the file of learned Judicial Magistrate, Karaikudi and quash the same as illegal.

2. The learned counsel for the petitioners submitted that the petitioners are accused numbers 1 to 4 and 6 in CRL OP(MD). No.382 of 2025 and accused numbers 1 to 4 in CRL OP(MD). No.10179 of 2025. All the petitioners are senior citizens who are falsely roped in a criminal case and case in counter, at the instance of the second respondent who is the defacto complainant and two cases have been registered in Crime Nos.41 and 42 of 2018 before the first respondent police. Crime No.41 of 2018 culminated in laying a charge sheet in C.C.No.837 of 2022 before the learned Judicial Magistrate, Karaikudi and Crime No.42 of 2018 was culminated in laying a charge sheet in C.C.No.1165 of 2022 before the learned Judicial Magistrate, Karaikudi.

3. The case of the prosecution is that a Jamaath meeting was held and after completion of prayer at Pallathur Pallivasal premises, a physical altercation happened between the petitioners in both the petitions. In this regard, two complaints were lodged by both the parties for which Crime No.41 and 42 of 2018 were registered.

4. The counsel for the petitioners relying upon the judgment passed by this Court in the case of Mathan Kumar Vs. The Inspector of Police, Kalugumalai Police Station, made in Crl.O.P.(MD)No.16975 of 2023 dated 18.12.2024 categorically contended that the proposition laid by the Hon'ble Full Bench of this Court in the case of T.Balaji and another v. The Sate, reported in 2024~2~L.W.(Crl.)175, is not properly followed by the investigation agency. In matters with respect to case and case encounter, investigation should be conducted in both the cases by the same investigation officer, for the purpose of identifying as to who is the real aggressor. However, here two different investigation officers have investigated independently and filed different police reports mechanically in both the cases. Hence, both the police reports are illegal and sought for quashment of the charge sheets.

5. In the light of the above discussion the proceedings in C.C. Nos.

1165 and 837 of 2022 pending on the file of learned Judicial Magistrate, Karaikudi, are liable to be quashed and accordingly, the s