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2025 DAILYLAW 218575 (MAD)

Viswa v. The State of Tamilnadu Rep.by,

CRL OP(MD)/22077/2025 · 2025-12-04

L Victoria Gowri

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD)No.22077 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2025 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD)No.22077 of 2025 and C.M.P.(MD)No.19000 of 2025 Viswa ... Petitioner Vs. 1. The State of Tamil Nadu, Rep. by the Inspector of Police, Thiruvaidaimaruthur POlice Station, Thanjavur District. 2. Arun ... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023 to call for the records pertaining to the FIR in Crime no.454 of 2025 on the file of the 1st respondent and quash the same. For Petitioner : Mr.P.Sonu For Respondents : Mr.B.Thanga Aravindh (R1) Government Advocate (Crl. Side) 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.22077 of 2025 ORDER The petitioner seeks for quash of the FIR in Crime No.454 of 2025 on the file of the first respondent. 2. The case of the prosecution is that the de facto complainant was working as a driver under one Stalin, who was the President of Aduthurai Panchayat, and was also driving an ambulance for Ma.Ka. Charitable Trust, and that the petitioner is alleged to be involved, along with other persons, in a conspiracy to commit the murder of the said Stalin. 3. The learned counsel appearing for the petitioner submitted that the petitioner is a student of age, 21 years and is in no way connected with this case. However, the respondent police has implicated him in Crime No.454 of 2025 for the offences under sections 191(2), 191(3), 332(b), 109(1), 118(1), 296(b), 351(3) of BNS, 2023, Sections 25(1A) and 27(2) of the Arms Act, 1959 and Section 3(a) of the Explosive Substances Act, 1908 and Section 3(1) of TN Public Property (Prevention of Damage and Loss) Act, 1992. 4. The learned Government Advocate appearing for the respondent police submitted that the role of the petitioner cannot be negated for the sole 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.22077 of 2025 reason that he is a student. The confession statement of the first accused, as well as that of the petitioner himself, would reveal the pivotal role played by the petitioner, attributing his involvement in the commission of the said crime. Since the investigation is in a premature stage, the quashment of the FIR is not warranted and pressed for dismissal of this petition. 5. Heard the learned counsel on either side and carefully perused the materials available on record. 6. A careful perusal of the FIR would disclose various incidents pertaining to the attempt to murder one Stalin, and hence, this Court does not find any necessity to quash the FIR. In view of the same, this criminal original petition fails and the same is dismissed. Consequently, connected miscellaneous petition is closed. 04.12.2025 NCC : Yes / No Index : Yes / No Sm TO:- 1. The Inspector of Police, Thiruvaidaimaruthur Police Station, Thanjavur District. 2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.22077 of 2025 L.VICTORIA GOWRI, J. Sm Order made in Crl.O.P.(MD)No.22077 of 2025 Dated 04.12.2025 4/4 https://www.mhc.tn.gov.in/judis