Nethaji Vs The Inspector of Police

PRAYER : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to call for the records in C.C.No.53 of 2021 on the file of the Learned Judicial Magistrate, Harur and quash the same and pass any such or further orders or directions as may deem fit and proper by this Court.

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For Petitioner: Mr.S.Kalaikumar For Respondents: Mr.Mohamed Riyaz, Government Advocate (Criminal side) For R1

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

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CRL.O.P.No.16626 of 2026

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O R D E R

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This Criminal Original Petition is filed with a prayer to call for the records in C.C.No.53 of 2021 on the file of the learned Judicial Magistrate, Harur and to quash the same.

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The primary argument of the learned counsel for the petitioner is that a false accusation is made against the petitioner that he verbally abused the victim and pulled her hand. Even though the charge sheet is filed in the year 2021, absolutely there is no progress till date. Any continuation of the proceedings against the petitioner would be oppressive.

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Per contra, the learned Additional Public Prosecutor would submit that it can be seen from the statement that is given by the victim, that the offences under Section 294(b) of the Indian penal Code and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 are made out and accordingly, the investigation is complete and the final report is filed and trial can be expedited.

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Considering the nature of allegations made against the petitioner, even though there is a delay in the matter, a mere delay of 4 years by itself cannot be held to be such that to violate the fundamental rights under Article 21 of the Constitution of India. But on the other hand, the petitioner’s grievances can be

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Page2 of 4

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

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CRL.O.P.No.16626 of 2026

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addressed by directing the Trial Court to complete the case expeditiously. In

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view there of, this Criminal Original Petition is disposed of on the following

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terms:-

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(i) the prayer of the petitioner to quash the proceedings in CC.No.53 of 2021 on the file of the learned Judicial Magistrate, Harur is negatived;

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(ii) The respondent police shall ensure the presence of

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the listed witnesses in the next hearings;

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(iii) the Trial Court is directed to proceed with the trial and complete the trial as expeditiously as possible, not later than six (06) months from the date of receipt of the web copy of this order; and

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