Allowed¶40

S.Velusamy v. The State Rep. by the Inspector of Police

Madras HC17 Sept 2025CRL OP/25433/2025

Case brief

AI extract

What is this about?

Search terms: quashing of FIR; Section 528 BNSS; CRL OP; Madras High Court; Crime No.63 of 2025; Ambalur Police Station; Thirupathur District; river-bund; Hitachi JCB; temple festival; village road levelling; abuse of process of law; no damage; Engineer's report. Relevant for cases where trivial/civic-nature allegations with no resulting damage justify quashing an FIR as an abuse of the process of law.

What did the court decide?

Quashing of the F.I.R dated 13.05.2025 in Crime No.63 of 2025 on the file of the first respondent-Police ¶40

S.Velusamy Vs The State Rep. by the Inspector of Police — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the F.I.R dated 13.05.2025 in Crime No.63 of 2025 on the file of the first respondent-Police

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Issue for consideration

Whether the First Information Report in Crime No.63 of 2025 dated 13.05.2025, registered against the petitioner for allegedly levelling the river-bund with a JCB vehicle without permission, is liable to be quashed.

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Court's answer

The sole allegation against the petitioner in the F.I.R is that, without permission, he levelled the river-bund with a Hitachi JCB vehicle.

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Ratio / Principle

Except for the allegation that he levelled the river-bund, no other allegation is made against the petitioner in the F.I.R.

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Key takeaways

The Engineer's report dated 15.5.2025 clearly indicated that the contractor had given the JCB only for the temple festival at the particular date, to make proper way for the people.ratio¶33
Since the petitioner used the JCB vehicle only on the request of the village people to level the road, lodging of the criminal complaint against him is clear abuse of process of law.ratio¶38
Considering the nature of the allegations and as no damage had occurred, the Court quashed the F.I.R dated 13.05.2025 in Crime No.63 of 2025 on the file of the first respondent-Police.ratio

Detailed headnote1 paragraphs

High Court of Judicature at Madras, CRL OP No. 25433 of 2025 (N. Sathish Kumar J., 17-09-2025): Criminal Original Petition filed under Section 528 of BNSS seeking quashing of the F.I.R in Crime No.63 of 2025 dated 13.05.2025 on the file of the Inspector of Police, Ambalur Police Station, Thirupathur District, in which the petitioner was alleged to have levelled the river-bund with a Hitachi JCB vehicle without permission. Perusing the Engineer's report dated 15.5.2025, which indicated that the contractor had given the JCB only for the temple festival to make proper way for the people, and noting that the petitioner used the JCB only at the request of village people to level the road, that no other allegation was attributed to him, and that no damage had occurred, the Court held the criminal complaint to be a clear abuse of process of law and quashed the F.I.R; the Criminal Original Petition was allowed.

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CRL OP No. 25433 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17-09-2025

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CORAM

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THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

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CRL OP No. 25433 of 2025

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S.Velusamy

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S/o.Sengappanayakkar, No.1/351, Ganthi Nagar 1st street, Pappamaalpuram, Aundipatty, Theni - 625 512.

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Petitioner

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The State Rep. by The Inspector of Police, Ambalur Police Station, Thirupathur District.

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2.Mr.Boopal, The Village Administrative Officer, Ambalur,Vaniyambadi Taluk.

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Respondent(s)

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PRAYER

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This Criminal Original Petition is filed under Section 528 of BNSS to call

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for the records and quash the first information report in Crime No.63 of 2025 dated 13.05.2025 on the file of the 1st respondent.

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 25433 of 2025

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For Petitioner(s): Mr.P.Praveen Samadhanam For Mr.Balasubramani For Respondent(s): Mr.R.Vinoth Raja Government Advocate (Crl.Side) For R1

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ORDER

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This Criminal Original Petition has been filed to call for the records and

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to quash the First Information Report in Crime No.63 of 2025 dated 13.05.2025

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on the file of the first respondent-Police.

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Heard the learned counsel for the petitioner and the learned

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Government Advocate (Crl.Side) appearing for the respondent-Police and

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perused the materials available on record.

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The allegation made against the petitioner is that, without permission,

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the petitioner has levelled the river-bund with Hitachi JCB vehicle. Except that

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allegation that he levelled the river-bund, no other allegation is made as against

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the petitioner in the F.I.R.

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On a perusal of the materials available on record, more particularly,

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the Engineer's report dated 15.5.2025, it clearly indicates that only for the

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 25433 of 2025

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temple festival at the particular date that contractor has given JCB to make the

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proper way to the people. Except that, no other allegation is attributed as against the petitioner. Only on the request of the village people to level the road, the petitioner has used the JCB vehicle to level the land which has led to lodging of the criminal complaint, which is clear abuse of process of law. Considering the nature of allegations and as no damage had occurred, this Court is inclined to quash the F.I.R dated 13.05.2025 in Crime No.63 of 2025 on

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the file of the first respondent-Police. Accordingly, the same is quashed.

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In view of the above, this Criminal Original Petition is allowed.

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17-09-2025

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mfa

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To 1.The Inspector of Police, Ambalur Police Station, Thirupathur District.

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2.The Public Prosecutor, High Court, Chennai.

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3/4

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 25433 of 2025

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N.SATHISH KUMAR J.

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mfa