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2026 Supreme(Online)(Mad) 33446

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
VJV Raja @ Jegaveervelraja – Appellant
Versus
M.Paramasivam – Respondent
CRL.O.P(MD)No.7008 of 2026|CRL.M.P(MD)Nos.7552 and 7553 of 2026|Old Crl.M.P.No.3895 of 2021|New Crl.M.P.No.1505 of 2025



Advocates:
For Petitioners: Mr.K.Ashok Kumar Ram

Pending Cr.P.C Section 156(3) application cannot be quashed without magistrate's order; direct expeditious disposal.

Headnote:The petition under Section 528 of BNSS, 2023 seeks to quash proceedings in Crl.M.P under Section 156(3) Cr.P.C pending before Judicial Magistrate, Melur, for directing FIR registration. Facts reveal no orders passed despite police report stating no cognizable offence. Court finds application pending over four years without disposal. Issue framed as whether proceedings should be quashed absent orders. Ratio: No basis for quashing pending application without judicial order; magistrate directed to dispose expeditiously. Criminal Original Petition disposed directing disposal by 30.06.2026; connected petitions closed.

Table of Content
1. petition to quash pending section 156(3) cr.p.c application. (Para 1 , 2)
2. petitioners argue for quashing based on police report. (Para 3)
3. court reviews records; no orders passed in four years. (Para 4 , 5)
4. direct magistrate to dispose by 30.06.2026; petition disposed. (Para 6)

O R D E R

The present petition has been filed by the respondents 1 and 2 in Old Crl.M.P.No.3895 of 2021, New Crl.M.P.No.1505 of 2025, on the file of learned Judicial Magistrate Court, Melur, Madurai District seeking to quash the said proceedings.

;

2.A perusal of the records reveal that the respondent herein as complainant, had filed the above said Crl.M.P before the learned Judicial Magistrate, Melur under Section 156(3) of Cr.P.C seeking a direction to the concerned Police Station for registration of FIR.The said application is pending and so far no orders have been passed.

3.According to the learned counsel for the Petitioners, pending proceedings, the learned Judge had called for a report from the concerned Police Station and the report has been filed stating that there is no scope for registration of FIR, as no cognizable offence is made out. Despite the said report, the learned Judge, is keeping the application filed under Section 156(3) Cr.P.C still pending. According to him, several complaints have been lodged on similar grounds and the same has been quashed. In such circumstances, the Petition filed under Section 156(3) of Cr.P.C ., filed by the Petitioner has also be quashed.

4.Heard the learned counel for the Petitioners and perused the materials placed before this Court.

5.Sequence of events as narrated above shows that so far no orders have been passed in the application filed by the Petitioners under section 156(3)Cr.P.C., which is pending for more than four years. Based upon the records available, the learned Judicial Magistrate, Melur is directed to pass orders on or before 30.06.2026.

6.Since no orders have been passed in the application filed by the Petitioner under Section 156(3) of Cr.P.C , the question of quashing the application filed by the Petitioner does not arise. There shall be a direction to the learned Judicial Magistrate, Melur, Madurai District to expeditiously dispose of Old Crl.M.P.No.3895 of 2021, New Crl.M.P.No.1505 of 2025 on his file preferably on or before 30.06.2026.

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