Sathiyaraj Vs The State Rep By, The Inspector of Police

PRAYER: Criminal Original Petition filed under Section 528 of BNSS, 2023, to call for the records relating to the impugned FIR in Crime No.8 of 2026 on the file of the Inspector of Police, Chunambedu Police Station, Chengalpattu.

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For Petitioner(s): R.Rajadurai

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For Respondent(s): Mr.A.Amarnath Government Advocate (Crl. Side) for R1

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

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CRL OP No. 16018 of 2026

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ORDER

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This Criminal Original Petition has been filed seeking to call for the records pertaining to the impugned FIR in Crime No.8 of 2026 on the file of the Inspector of Police, Chunambedu Police Station, Chengalpattu.

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The petitioner, is the accused in Crime No.8 of 2026 registered for the offence under Section 296(b) and 115(2) of BNS, 2023, had filed the present petition to quash the said proceedings.

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The learned counsel for the petitioner submitted that the petitioner is residing opposite to the house of the de facto complainant. On 14.01.2026, during the early hours, the de facto complainant's husband was creating disturbance, which was questioned by the petitioner, which led to a wordy quarrel that has been magnified and projected as if the petitioner assaulted the de facto complainant's husband, causing fractures and injuries. He further submitted that it was merely a wordy quarrel between neighbours, which has been magnified and a false case has been registered against the petitioner.

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The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that, on 14.01.2026, the de facto complainant's

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

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CRL OP No. 16018 of 2026

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husband was preparing for a pilgrimage to Sabarimala, and at that time, he was playing Ayyappan devotional songs at a high volume on an audio system while conducting an Ayyappan Pooja. The petitioner allegedly came to the house of the de facto complainant, demanded to stop playing the song, and abused him using filthy language. When the de facto complainant’s husband stated that he would reduce the volume, the petitioner became enraged, rushed towards him, kicked him on the chest with both feet. As a result, the petitioner suffered a hip fracture, and other injuries. He was immediately rushed to Kadappakkam Vasantha Design Private Hospital and later shifted to Government Hospital, Madhuranthagam. Due to the severe injuries and fracture, he was unable to complete his pilgrimage, leaving his family in deep distress.

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The learned Government Advocate (Crl. Side) appearing for the respondent police also produced the medical records specifically the Accident Register, which confirms the injuries sustained by the de facto complainant's husband.

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Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the first respondent. This Court also perused the materials available on record.

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

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CRL OP No. 16018 of 2026

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Considering the submissions made by the learned counsel on either side and upon perusal of the materials available on record, including the medical records of the de facto complainant's husband, it is evident that there is a prima facie case to proceed against the petitioner and it cannot be termed a mere wordy altercation, and the de facto complainant's husband has sustained severe physical injuries.

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In view of the above, this Court is not inclined to quash the

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proceedings in Crime No.8 of 2026 on the file of the respondent police. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed.

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24-06-2026

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Jd

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Neutral Citation:Yes/No

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