Crl.O.P.(MD)No.842 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2025 CORAM THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.(MD)No.842 of 2025 and Crl.M.P.(MD)Nos.560 & 561 of 2025 1. Christin @ Christin Medonald 2. Merlin @ Christin Medonald 3. Mani .. Petitioners Vs 1. The Inspector of Police, Kaliyakkavilai, Kanyakumari District. Crime No. 214/22 2. Reji ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS, To call for the records in C.C No. 149 of 2023 on the file of the Judicial Magistrate No.I, Kuzhithurai and quash the same in so far as the petitioners are concerned. For Petitioner : M/s. SC.Herold Singh For Respondents : Mr. A.Thiruvadi Kumar, Additional Public Prosecutor 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.842 of 2025 ORDER The Criminal Original Petition has been filed by the accused persons, who are arrayed as A2 to A4 to quash the case in C.C.No.149 of 2023 on the file of the second respondent Police. 2. The case of the prosecution is that on 05.09.2022 at about 03.45p.m., near the YMCA Playground, due to previous enmity, the petitioners along with other accused persons had picked up a quarrel with the defacto complainant, abused and assaulted him with a knfie. They also threatened the defacto complainant with dire consequences. Based on the complaint given by the 2nd respondent, a case in Cr.No.214 of 2022 has been registered for the offence punishable under Sections 147, 148, 294(b), 324, 326, 506(ii) IPC. After the completion of investigation, final report was filed before Judicial Magistrate No.I, Kuzhithurai and the same was taken on file as CC No.149 of 2023. 3. The learned counsel for the petitioners submitted that there are sweeping allegations against the petitioners. There are specific overt act against the petitioners. The first petitioner is working in Sales 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.842 of 2025 Tax Department, 2nd petitioner is running a Company at Chennai and the 3rd petitioner is a retired Sub Inspector of Police and all are hailing from Chennai. They had come to their village, ie., place of occurrence for celebrating festival. Due to previous enmity between the defacto complainant and the other accused persons, the petitioners have been falsely implicated in this case. There is no case made out against the accused persons. Hence, prays to allow the petition. 4.The learned Additional Public Prosecutor submitted that in this case, there are three injured persons. Since the injured have sustained fracture, the petitioners are charged with 326 IPC apart from other offence. The petitioners are being charged with an offence under Sections 147 / 148 IPC, all are liable for all the overt act committed by other accused persons. The contention of the petitioners that they are innocents is not accepted and it has to be decided at the of trial. Hence, prays to dismiss the petition. 5.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondent police. 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.842 of 2025 Perused the materials available on record. 6.It is seen from the records that in this case, there are totally 5 accused persons and 12 witnesses have been listed on the side of prosecution. Due to the incident, three witnesses have sustained injuries, that too grievous. The accused persons are charged with offence under Section 326 IPC apart from other offence. Since the accused persons have been charged with the offence of forming part of an unlawful assembly, each of the members are liable for all the overt act committed by other accused persons also. Though the contentions of the petitioners that they are hailing from Chennai and they have been implicated in this case only as a crossfire, their contentions have to be decided at the of trial only. 7.In view of the above, this Court is not inclined to quash the case against the petitioners. The petitioners are at liberty to raise all the grounds before the trial Court. Considering the fact that the petitioners are hailing from Chennai, the personal appearance of the petitioners is dispensed with and they shall be represented by a counsel 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.842 of 2025 after filing appropriate application. However, the petitioners shall be present before the Court at the time of furnishing of copies, framing charges, questioning under Section 313 Cr.P.C. and at the time of passing judgment. 8.Accordingly, this petition stands dismissed. Consequently, connected miscellaneous petitions are closed. 21.01.2025 NCC: Yes/No Index: Yes/No Internet : Yes/No PNM To 1. The Judicial Magistrate No.I, Kuzhithurai 2. The Inspector of Police, Kaliyakkavilai, Kanyakumari District. Crime No. 214/22 3. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.842 of 2025 M.NIRMAL KUMAR, J. PNM ORDER IN Crl.O.P.(MD)No.842 of 2025 and Crl.M.P.(MD)Nos.560 & 561 of 2025 21.01.2025 6/6 https://www.mhc.tn.gov.in/judis