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2026 Supreme(Online)(Mad) 25915
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
P.Saravanan – Appellant
Versus
The State of Tamil Nadu Rep.by the Sub Inspector of Police Thenkarai Police Station Periyakulam Theni District – Respondent
Crl.M.P(MD).No.4919 of 2026
For the Appellants/Petitioners: Mr.D.Muruganantham
For the Respondents:Mr.B.Thanga Aravindh Government Advocate (Crl.side) for R1, No appearance for R2
FIR quashing denied as prima facie case exists; prior civil disputes after 3 years do not establish malice.
Headnote:The petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeks to quash FIR in Crime No.528/2025 alleging offences under Section 324(4) BNS, 2023 and Section 3(1) Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 for damaging channel bund. Petitioner claims FIR stems from personal enmity following prior writ and contempt proceedings allowed in 2022-2023. Court finds prima facie case made out with no legal grounds for quashing. Issue framed: Whether FIR warrants quashing due to alleged personal vengeance. Ratio: Prior civil proceedings ended in 2022; FIR registered in 2025 after three years; facts do not warrant interference (paras 5-6). Petition dismissed; no merits found.
| Table of Content |
|---|
| 1. fir details and alleged channel bund damage (Para 1 , 2) |
| 2. petitioner's claim of personal enmity (Para 3 , 4) |
| 3. no grounds for fir quashing; petition dismissed (Para 5 , 6) |
ORDER
The present petition has been filed by the first accused in Crime No.528 of 2025 on the file of the respondent police seeking to quash the F.I.R wherein the petitioner is alleged to have committed an offence under Section 324(4) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 3(1) of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992.
2.A perusal of the F.I.R reveals that the petitioner along with another person are said to have damaged the bund of the channel.
3.According to the learned counsel appearing for the petitioner, the petitioner is a Vice President of the Panchayat and due to personal enmity, the present F.I.R has been registered. He further submitted that the petitioner had filed WP(MD).No.25707 of 2022 for removal of encroachment in the water-body and the same was allowed on 14.11.2022. Thereafter, contempt proceedings has been initiated as against the official respondents in Cont.P(MD).No.2647 of 2023 and orders were passed in the contempt proceedings. Therefore, out of personal vengeance, the present F.I.R has been registered.
4.A perusal of the F.I.R reveals that the petitioner and another accused person are said to have damaged the bund of the channel. According to the petitioner, the present criminal case has been registered pursuant to some personal vengeance.
5.A perusal of the orders passed by this Court reveals that those proceedings ended in the year 2022 and the present F.I.R has been registered on 13.09.2025 after a period of three years. Therefore, the facts and circumstances of the case do not warrant interference by this Court.
6.Considering the fact that prima facie is made out as against the petitioner and no legal grounds has been raised for quashing of the F.I.R, this Court is not inclined to entertain the petition. There are no merits in this petition. Accordingly, this Criminal Original Petition stands dismissed.
