Geovanni Exim Vs State rep by the Inspector of Police — Madras HC (2025) — LawSathi Research

Geovanni Exim Vs State rep by the Inspector of Police — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Criminal Original Petition dismissed; charge-sheet in C.C.No.176 of 2025 not quashed. Respondent police directed to file final report in Cr.No.106 of 2024 and the Trial Court to try both charge-sheets simultaneously and dispose of the same. Personal appearance of the petitioners dispensed with except for receiving copies, answering the charges, questioning under section 313 Cr.P.C. and any other dates fixed by the trial Court; connected miscellaneous petitions (Crl.M.P.Nos.15915 & 15916 of 2025) closed.

Issue for consideration

Whether the chargesheet in C.C.No.176 of 2025 arising out of FIR No.105 of 2024 is liable to be quashed on the ground that no final report has been filed in the petitioners' counter case in Cr.No.106 of 2024. +1 more

Court's answer

Merely because there is a delay in filing the chargesheet in the other (counter) case, that cannot be a ground to quash the charge-sheet.

Ratio / Principle

The Court is not inclined to quash the charge-sheet in C.C.No.176 of 2025.

Key takeaways

The respondent police shall file a final report in the other case (Cr.No.106 of 2024) and the Trial Court shall simultaneously try both the charge-sheets and dispose of the same.ratio¶30
In view of the submissions of the learned counsel for the petitioners, their personal appearance is dispensed with except for receiving copies, for answering the charges, for questioning under section 313 Cr.P.C. and any other dates fixed by the trial Court; consequently, the connected miscellaneous petitions are closed.ratio¶32

Detailed headnote1 paragraphs

Criminal Original Petition under Section 528 BNSS to quash the chargesheet in C.C.No.176 of 2025 (arising out of FIR No.105 of 2024, Virdampet Police Station, Vellore) - sole ground urged: final report not yet filed in the petitioners' counter case in Cr.No.106 of 2024 - HELD: merely because there is a delay in filing the chargesheet in the other case, that cannot be a ground to quash the charge-sheet; the FIR indicates serious bodily injuries caused to the defacto complainant - petition dismissed; respondent police to file a final report in the counter case and the Trial Court to simultaneously try both charge-sheets and dispose of the same - personal appearance of the petitioners dispensed with except for receiving copies, answering the charges, questioning under section 313 Cr.P.C. and any other dates fixed by the trial Court - connected miscellaneous petitions closed (N. Sathish Kumar, J., 22.08.2025).

Crl.O.P.No.23304 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 22.08.2025

CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

Crl.O.P.No.23304 of 2025 and Crl.M.P.Nos.15915 & 15916 of 2025

1.Prabhu 2.Prakash

... Petitioners

Versus

1.State Rep by The Inspector of Police Virdampet Police Station Vellore District

2.Venumurthy ... Respondents

PRAYER : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to call for the records pertaining to C.C.No.176 of 2005 on the file of the learned Judicial Magistrate-III, Vellore and quash the same.

For Petitioner : Mr.B.Sundarapandiyan For Respondents : Mr.R.Vinothraja for R1 Government Advocate (Crl.Side)

ORDER

This petition has been filed to call for the records pertaining to C.C.No.176

of 2005 on the file of the learned Judicial Magistrate-III, Vellore and quash the same.

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Crl.O.P.No.23304 of 2025

It is the case of the prosecution that on 23.03.2024, the petitioners went to

the defacto complainant's house and used filthy language to vacate his house and during the wordy quarrel, the petitioners hit the defacto complainant using metal rod, hence, FIR was registered in FIR.No.105 of 2024 and the same resulted in filing of chargesheet in C.C.No.176 of 2025 on the file of the learned Judicial Magistrate-III, Vellore.

It is the contention of the revision petitioners that the petitioners have given a counter case in Cr.No.106 of 2024, however, till date, final report is not

filed. Hence, seeks for quashment of the chargesheet.

The learned Government Advocate (Crl.Side) on instructions, submitted

that final report will be filed in Cr.No.106 of 2024, the delay is only due to delay in securing the wound certificate.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials placed on record. The very FIR indicate there are serious bodily injuries caused to the defacto complainant and

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Crl.O.P.No.23304 of 2025

merely, because there is a delay in filing chargesheet in other case that cannot be a ground to quash the charge-sheet. Such view of the matter, this Court is not inclined to quash the charge-sheet in C.C.No.176 of 2025. Let the respondent police file a final report in the other case and the Trial Court shall simultaneously try both the charge-sheets and dispose of the same.

At this stage, the learned counsel for the petitioner sought indulgence of the Court, to dispense with the personal appearance of the petitioners.

Accordingly, this Criminal Original Petition is dismissed. I n view of the submissions of the learned counsel for the petitioners, the personal appearance of the petitioners is dispensed with except for receiving copies, for answering the charges, for questioning under section 313 Cr.P.C. and any other dates fixed by the trial Court. Consequently, connected miscellaneous petitions are closed.

22.08.2025

dhk Index : Yes Internet : Yes

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Crl.O.P.No.23304 of 2025

N.SATHISH KUMAR, J.

dhk

To

The Inspector of Police Virdampet Police Station Vellore District

The Judicial Magistrate No.III Vellore

Crl.O.P.No.23304 of 2025

22.08.2025

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