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2026 DAILYLAW 48256 (MAD)

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

CRL OP/16987/2026 · 2026-07-03

D Bharatha Chakravarthy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 16987 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 16987 of 2026 and CRL.MP.No.11261 of 2026 1. Althaf S/o Mohammed Inasan, No.5/11, Musleem Street, New Gummidipoondi, Thiruvallur. 2. R.Ajith, S/o Ramu, No.5/117, Reddys Street, Pudugummidipoondi, Thiruvallur. 3. Dhinesh, S/o Gunasekar, No.3/52, Reddiyar Street, New Gummidipoondi, Thiruvallur. 4. Jeeva @ Jeevanandham S/o Murali, No. 11/19, Reddy Street, New Gummidipoondi, Thiruvallur. 5. Nandakumar, S/o Murali, No. 5/119, Reddy Street, New Gummidipoondi, Thiruvallur. ..Petitioner(s) Vs 1. The State Rep By, The Inspector of Police Kavarapettai Police Station, Tiruvallur. Crime No.17 of 2026 2. Thiruvalluvan, S/o Selvam, NO.304, Main Road, Thandalancheri, Ponneri Taluk, Thiruvallur. ..Respondent(s) https://www.mhc.tn.gov.in/judis CRL OP No. 16987 of 2026 __________ Page2 of 5 Prayer: This Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to call for the records relating to the impugned FIR in Crime No.17 of 2026 on the file of the Inspector of Police, Kavarapettai Police Station, Thiruvallur and to quash the same and to allow the above Criminal Original Petition. For Petitioner(s): Mr.R.Mukesh Kannah For Respondent(s): Mr.R.Rajasekaran Government Advocate (Criminal Side) for R1 ORDER This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.17 of 2026 on the file of the first respondent, registered for the alleged offences under Sections 126(2), 191(2), 191(3), 115(2), 118(1), 296(b) and 351(3) of the BNS, 2023, read with Section 25(1A) of the Arms Act, 1959. 2. The learned Counsel for the petitioners would submit that a wordy quarrel had taken place in the middle of the road and the FIR contains exaggerated and concocted allegations against each of the accused. Accordingly to the learned counsel, overt acts have been mechanically attributed to each of the accused and, therefore, the registration of the FIR is unwarranted. It is further submitted that the police have registered the case without conducting any proper enquiry and in the absence of a prima facie case. https://www.mhc.tn.gov.in/judis CRL OP No. 16987 of 2026 __________ Page3 of 5 3. I also heard the learned Government Advocate (Criminal Side) appearing for the first respondent. 4. A perusal of the FIR reveals that, owing to previous enmity arising out of an incident that had taken place in the previous year, the accused, while passing through the road, abused the defacto complainant and allegedly attacked him. It is further alleged that one of the accused was armed with an aruval and assaulted the defacto complainant, causing injuries. 5. It is well settled that an FIR is not expected to be an encyclopedia containing every minute detail of the occurrence. The purpose of an FIR is merely to set the criminal law in motion, and the remaining particulars are expected to be gathered during the course of investigation. The contention regarding the falsity of the allegations and the defence sought to be projected by the petitioners are matters that can be raised only at the appropriate stage in accordance with law. 6. In the present case, the FIR has been registered on the basis of specific allegations made by the defacto complainant and the allegations, on their face, disclose the commission of the offences referred to therein. Therefore, this Court is not inclined to exercise its jurisdiction under Section 482 Cr.P.C / https://www.mhc.tn.gov.in/judis CRL OP No. 16987 of 2026 __________ Page4 of 5 Section 528 of the BNS, 2023, to quash the FIR at this stage. However, it is open to the petitioners to raise all the grounds available to them at the appropriate stage and in the manner known to law. 7. Accordingly, this Criminal Original Petition stands disposed of. Consequently, connected miscellaneous petition is closed. 03-07-2026 Neutral Citation: Yes/No av To 1. The Inspector of Police, Kavarapettai Police Station, Thiruvallur. 2. The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis CRL OP No. 16987 of 2026 __________ Page5 of 5 D.BHARATHA CHAKRAVARTHY, J. av CRL OP No. 16987 of 2026 and CRL.MP.No.11261 of 2026 03-07-2026 https://www.mhc.tn.gov.in/judis