Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 46193 (MAD)

Senthilnathan v. The State Rep By, The Inspector of Police

CRL OP/16768/2026 · 2026-07-01

D Bharatha Chakravarthy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 16768 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 16768 of 2026 and Crl MP No. 11114 of 2026 1. Senthilnathan S/o Kaliyaperumal, No.90, Mahizhampu Street, Mauiladuthurai, Nagapattinam. 2. Santhi W/o Senthilnathan, No.90, Besant Nagar, Mauiladuthurai, Nagapattinam. ..Petitioner(s) Vs 1. The State Rep By, The Inspector of Police Perambur Police Station, Nagapattinam. Crime No.266 of 2019 2. Sankar S/o Thangavel, North Street, Paalor, Ayyampadi, Tharangambadi Taluk, Nagapattinam. ..Respondent(s) Prayer: This petition is filed under Section 528 of BNSS 2023, to call for the records in connection with FIR in Crime No.266 of 2019 dated 24.10.2019 on the file of the 1st respondent police and to quash the same. For Petitioner(s): Mrs.R.Raji https://www.mhc.tn.gov.in/judis CRL OP No. 16768 of 2026 __________ Page2 of 5 For Respondent(s): Mr.R.Rajasekaran, Counsel for Government of Tamil Nadu ( Criminal Side) ORDER This Criminal Original Petition is filed with a prayer to quash the F.I.R. in Crime No.266 of 2019. 2. Upon hearing the learned counsel for the petitioner and perusing the F.I.R the allegations it is seen that the first petitioner’s co-brother and his family members are said to have abducted the petitioner and kept him under wrongful confinement insisting to re-pay a sum of Rs.15,00,000/- which the petitioner has taken a loan from the defacto complainant and thereafter further attacked him and left him in a place and went away. Thereafter, the defacto complainant reached home and on the next day, the complaint was given. 3. The learned counsel for the petitioner would submit that the complaint was given in the year 2019 and subsequently the defacto complainant is not in the place of residence and absconding. Even in the counter complaint i.e given by the petitioner is also pending enquiry. There is absolutely no material to buttress the allegations. After borrowing money and not re-paying the same, in order to escape from the liability such a criminal complaint is given and the https://www.mhc.tn.gov.in/judis CRL OP No. 16768 of 2026 __________ Page3 of 5 same is also kept pending for the past 7 years. Any further continuance of the F.I.R will be abrasive and cause grave prejudice on the petitioner. Therefore, she seeks to quash the F.I.R. 4. Per contra the learned counsel for Government of Tamil Nadu (Criminal Side) would submit that the investigation is also completed and final report will be filed shortly. 5. Considering the submission made by the petitioner which are factual in nature and submission made on behalf of the respondent police that the investigation is almost completed and charge sheet will be filed, I am of the view that the petitioner can renew all the grounds after considering the final report. 6. In view thereof, keeping open the liberty of the petitioner to take such steps in the manner known to law as against the final report and directing the respondent to file a final report within a period of one month from today, the Criminal Original Petition is disposed of. 01-07-2026 Neutral Citation: Yes/No smn https://www.mhc.tn.gov.in/judis CRL OP No. 16768 of 2026 __________ Page4 of 5 To. 1.The Inspector of Police Perambur Police Station,Nagapattinam. 2. The Public Prosecutor, High Court, Madras https://www.mhc.tn.gov.in/judis CRL OP No. 16768 of 2026 __________ Page5 of 5 D.BHARATHA CHAKRAVARTHY, J. SMN CRL OP No. 16768 of 2026 and Crl MP No. 11114 of 2026 01-07-2026 https://www.mhc.tn.gov.in/judis