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2026 DAILYLAW 49877 (MAD)

Gajendrakumar @ Chandran v. State Rep by its The Inspector of Police,

CRL OP/17709/2026 · 2026-07-09

D Bharatha Chakravarthy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 17709 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 17709 of 2026 and CRL.MP.No.11808 of 2026 1. Gajendrakumar @ Chandran S/o. Palanisamy, 2. Nagamani W/o. Gajendrakumar @ Chandran 3. Kannhaya Suryaprakash S/o. Gajendrakumar @ Chandran 4. Surya Narayani D/o. Ganjendrakumar @ Chandran All are residing at D.No.75/80, Stanley Park Road, Ottupatarai, Coonoor Taluk, The Nilgirs District-643 105. ..Petitioner(s) Vs 1. State Rep by its The Inspector of Police, Coonoor Town Police Station, The Nilgiris District. Crime No. 70 of 2026. 2. Raju S/o. Vishvanathan, D/o. 70/80, Stanley Park Road, Ottupatarai, Coonoor Taluk, The Nilgiris District-643 105. ..Respondent(s) https://www.mhc.tn.gov.in/judis CRL OP No. 17709 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.70 of 2026 dated 08.04.2026 on the file of the 1st Respondent, and quash the same as against the Petitioners and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case, thereby rendering Justice. For Petitioner(s): M/s.V.R.Annagandhi For Respondent(s): Mr. R.Rajasekaran Government Advocate (Criminal Side) for R1 ORDER The prayer in this Criminal Original Petition is to quash the First Information Report in Crime No.70 of 2026 on the file of the first respondent. 2. The learned counsel for the petitioner contended that the petitioner had lodged a complaint with respect to the very same occurrence on 08.04.2026, pursuant to which a case in Crime No.69 of 2026 was registered. According to the petitioner, the said complaint was ultimately referred as a “Mistake of Fact”, whereas the present FIR has been kept pending. 3. When the matter was taken up for hearing, the learned Government Advocate (Criminal Side) submitted that a final report has already been filed in https://www.mhc.tn.gov.in/judis CRL OP No. 17709 of 2026 __________ Page3 of 5 respect of the counter-complaint, which is the subject matter of the present petition, on 06.07.2026 in LTN No.2959700326007001 on the file of the learned Judicial Magistrate, Coonoor. 4. In view of the above, it is seen that the case and counter – case have been investigated. While one complaint has been referred as a “Mistake of Fact”, in the other complaint, a prima facie case has been found and a final report has been filed before the jurisdictional Court. In such circumstances, it is always open to the petitioner to challenge the final report in the manner known to law, if so advised. The petitioner is also at liberty to raise all objections relating to the investigation, including any alleged procedural violations, as well as all available defences during the course of the trial. 5. In the light of the above developments, the relief sought for in the present petition can no longer be entertained. Accordingly, this Criminal Original Petition stands disposed of. Consequently, the connected miscellaneous petition is closed. 09-07-2026 Neutral Citation: Yes/No av https://www.mhc.tn.gov.in/judis CRL OP No. 17709 of 2026 __________ Page4 of 5 To 1. The learned Judicial Magistrate, Coonoor. 2. The Inspector of Police, Coonoor Town Police Station, The Nilgiris District. 3. The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 17709 of 2026 __________ Page5 of 5 D.BHARATHA CHAKRAVARTHY, J. av CRL OP No. 17709 of 2026 and CRL.MP.No.11808 of 2026 09-07-2026 https://www.mhc.tn.gov.in/judis