Dismissed¶35

Manikandan v. The State of Tamil Nadu

Madras HC7 Aug 2025CRL OP(MD)/13212/2025

Case brief

AI extract

What is this about?

Madras High Court, Madurai Bench; B.PUGALENDHI, J.; Crl.O.P.(MD)No.13212 of 2025 (decided 07.08.2025); quashing of charge sheet; C.C.No.138/2024; Judicial Magistrate, Thuraiyur; Crime No.124/2024; IPC Sections 147, 294(b), 324, 506(ii), 323; Section 528 BNSS; Section 228 BNSS / 205 Cr.P.C dispensation of personal appearance of Government servant; counter-case Crime No.125/2024; public pathway dispute; petition dismissed with liberty to raise grounds at trial; connected Crl.MP(MD) Nos.10442 & 10444 of 2025 closed.

What did the court decide?

No substantive relief; liberty granted to raise all grounds before the trial Court during trial; request for dispensing personal appearance left to the trial Court on an application under Section 228 BNSS (205 Cr.P.C); connected Miscellaneous Petitions closed. ¶35

Manikandan Vs The State of Tamil Nadu — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceedings in C.C.No.138 of 2024 before the Judicial Magistrate Court, Thuraiyur (arising from Crime No.124 of 2024) should be quashed. +1 more

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Court's answer

The grounds raised by the petitioner in support of quashment are matters that can be appreciated only during the trial; the Court therefore declined to entertain the quash petition.

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Ratio / Principle

The Criminal Original Petition is dismissed, with liberty reserved to the petitioner to raise all the grounds before the trial Court during trial.

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Key takeaways

On dispensation of personal appearance, the petitioner may file an application under Section 228 of BNSS (205 of Cr.P.C) before the concerned trial Court, and it is for that Court, if satisfied with the reasons assigned, to take a call on dispensing with his personal appearance during trial.ratio¶35

Detailed headnote1 paragraphs

Quash petition under Section 528 BNSS against the charge sheet in C.C.No.138 of 2024 (Judicial Magistrate Court, Thuraiyur), arising from Crime No.124 of 2024 registered for offences under Sections 147, 294(b), 324, 506(ii) and 323 IPC, was dismissed. The Court held that the grounds raised by the petitioner (dispute over a public pathway; existence of a counter-case in Crime No.125 of 2024) could be appreciated only during trial, and granted liberty to urge them before the trial Court. The request to dispense with the personal appearance of the petitioner, a Government servant, was not decided by this Court; the petitioner was directed to apply to the trial Court under Section 228 of BNSS (205 of Cr.P.C), whose satisfaction with the reasons would govern the decision. Connected Crl.MP(MD) Nos.10442 & 10444 of 2025 were closed.

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Crl.O.P.(MD)No.13212 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 07.08.2025

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CORAM :

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THE HON`BLE MR.JUSTICE B.PUGALENDHI

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Crl.OP(MD)No.13212 of 2025 and Crl.MP(MD) Nos.10442 & 10444 of 2025

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Manikandan ... Petitioner

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1.The State of Tamil Nadu, The Inspector of Police, Uppiliyapuram Police Station, Uppiliyapuram, Trichy District. (In Crime No.124/2024).

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2.Karthick

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...Respondents

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Prayer : Criminal Original Petition filed under Section 528 of BNSS, to call for the records relating to the Impugned Charge Sheet in C.C.No. 138/2024, on the file of Judicial Magistrate Court, Thuraiyur and quash the same.

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For Petitioner : Mr.S.Krishnan For R1 : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl. Side)

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

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1/5

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Crl.O.P.(MD)No.13212 of 2025

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O R D E R

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Seeking quashment of the proceedings in C.C.No. 138 of 2024, on the file of Judicial Magistrate Court, Thuraiyur, the petitioner has approached this Court.

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2.The case of the prosecution is that on 01.05.2024 the petitioner attacked the second respondent with steel stick and scolded him and his family members in filthy language, with regard to usage of public pathway. Therefore, a case in Crime No.124 of 2024 has been registered as against this petitioner, for the offence under Sections 147, 294(b), 324 and 506(ii) IPC. On completion of investigation, final report was filed for the offence under Sections 147, 294(b), 324, 506(ii) and 323 IPC and the same was taken on file by the learned Judicial Magistrate, Thuraiyur and the same is pending.

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3.The learned counsel for the petitioner submits that there

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is a dispute over the public pathway between the petitioner and the defacto complainant. However, without considering the same, the respondent police has registered this criminal case as against this https://www.mhc.tn.gov.in/judis petitioner. In fact, the defacto complainant and his father have attacked

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2/5

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Crl.O.P.(MD)No.13212 of 2025

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the petitioner's father and therefore, the petitioner has lodged a complaint and the same was registered in Crime No.125 of 2024. The learned counsel further submits that the petitioner is a Government servant and his personal appearance before the trial Court may be dispensed with as he finds it very difficult to get leave from the Department to appear before the trial Court regularly.

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4.Mr.A.S.Abul Kalaam Azad, learned Government

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Advocate (Crl.side), who takes notice for the respondent strongly objects for quashing the proceedings in CC No.138 of 2024 as there are three eye witnesses in the above case to substantiate the occurrence.

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He submits that the grounds raised by the petitioner is a matter for trial.

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5.Heard the learned counsel appearing for the petitioner

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and the learned Government Advocate (Crl. side) appearing for the respondent.

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6 .Though the petitioner has raised several grounds, this

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Court is of the opinion that it can be appreciated only during the trial.

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https://www.mhc.tn.gov.in/judis Therefore, this Court is not inclined to entertain this petition and

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3/5

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Crl.O.P.(MD)No.13212 of 2025

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accordingly, this Criminal Original Petition is dismissed. However, liberty is granted to the petitioner to raise all these grounds before the trial Court, during trial. Insofar as the request of this petitioner for dispensing with his personal appearance before the trial Court is concerned, this Court is of the view that it is upto the petitioner to file necessary application, under Section 228 of BNSS (205 of Cr.P.C), before the concerned Court and if the Court is satisfied with the reasons assigned therein and it is up to the trial Court to take a call, on the request of this petitioner for dispensing his personal appearance during the trial. Consequently, connected Miscellaneous Petitions are closed.

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07.08.2025

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NCC : Yes/No Index : Yes/No vrn

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The Inspector of Police, Uppiliyapuram Police Station, Uppiliyapuram, Trichy District.

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

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4/5

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