A petition to quash an FIR alleging damage to a channel bund was dismissed. The petitioner's claim of personal vengeance failed because earlier civil and contempt proceedings ended in 2022, three years before the FIR, and no legal grounds for quashing were made out.
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Crl.O.P.(MD)No.4632 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.03.2026
CORAM:
THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR
Crl.O.P.(MD)No.4632 of 2026 and Crl.M.P(MD).No.4919 of 2026
P.Saravanan ... Petitioner
Vs.
1.The State of Tamil Nadu Rep.by the Sub Inspector of Police Thenkarai Police Station Periyakulam Theni District Crime No.528 of 2025
2.Er.Kamalakannan Assistant Engineer Water Resources Department Irrigation Division Periyakulam Theni District ... Respondents
PRAYER: Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to the FIR in Crime No.528 of 2025 on the file of the Sub Inspector of Police, Thenkarai Police Station, Theni District and quash as against the petitioners as the same is illegal and devoid of merits.
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Crl.O.P.(MD)No.4632 of 2026
For Petitioner : Mr.D.Muruganantham
For Respondents : Mr.B.Thanga Aravindh
Government Advocate (Crl.side) for R1
: No appearance for R2
ORDER
The present petition has been filed by the first accused in Crime No.528 of 2025 on the file of the respondent police seeking to quash the F.I.R wherein the petitioner is alleged to have committed an offence under Section 324(4) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 3(1) of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992.
2.A perusal of the F.I.R reveals that the petitioner along with another person are said to have damaged the bund of the channel.
3.According to the learned counsel appearing for the petitioner, the petitioner is a Vice President of the Panchayat and due to personal enmity, the present F.I.R has been registered. He further submitted that the petitioner had filed WP(MD).No.25707 of 2022 for removal of encroachment in the water-body and the same was allowed on 14.11.2022. Thereafter, contempt proceedings has been initiated as against the official respondents in Cont.P(MD).No.2647 of 2023 and orders were passed in the contempt proceedings. Therefore, out of personal vengeance, the present F.I.R has been registered.
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Crl.O.P.(MD)No.4632 of 2026
4.A perusal of the F.I.R reveals that the petitioner and another accused
person are said to have damaged the bund of the channel. According to the petitioner, the present criminal case has been registered pursuant to some personal vengeance.
5.A perusal of the orders passed by this Court reveals that those proceedings ended in the year 2022 and the present F.I.R has been registered on 13.09.2025 after a period of three years. Therefore, the facts and circumstances of the case do not warrant interference by this Court.
6.Considering the fact that prima facie is made out as against the petitioner and no legal grounds has been raised for quashing of the F.I.R, this Court is not inclined to entertain the petition. There are no merits in this
petition. Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed.
24.03.2026
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Crl.O.P.(MD)No.4632 of 2026
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Crl.O.P.(MD)No.4632 of 2026
R.VIJAYAKUMAR,J.
msa
Crl.O.P.(MD)No.4632 of 2026 and Crl.M.P(MD).No.4919 of 2026
24.03.2026
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1 issue framed by the court
Whether the FIR in Crime No.528 of 2025 alleging damage to a channel bund should be quashed as allegedly registered out of personal vengeance.
3 provisions across 3 enactments
P.Saravanan
The State of Tamil Nadu Rep.by the Sub Inspector of Police, Thenkarai Police Station, Periyakulam, Theni District
Er.Kamalakannan, Assistant Engineer, Water Resources Department, Irrigation Division, Periyakulam, Theni District
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
