Crl.O.P.No.18392 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.07.2026 CORAM : THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.O.P.No.18392 of 2026 and Crl.M.P.Nos.12237 and 12239 of 2026 A.R.Vigneshwaran .. Petitioner Versus 1. The State Rep. by its Inspector of Police, B5 Walajabad Police Station, Kanchipuram District. (Crime No.937 of 2023) 2. Masilamani .. Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023, to call for the records in connection with the impugned charge sheet in S.C.No.127 of 2024 pending on the file of the Principal Subordinate Court, Kancheepuram and quash the same in so far as the petitioner is concerned. For Petitioner : Mr.N.Krishna Moorthy For Respondents : Mr.M.Mohamed Riyaz, Government Advocate (Criminal Side), for R1 1/5 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis Crl.O.P.No.18392 of 2026 ORDER The prayer made in this Criminal Original Petition is to quash the proceedings in S.C.No.127 of 2024 pending on the file of the Principal Subordinate Court, Kancheepuram. 2. Upon perusal of the First Information Report, the material collected during investigation and the Final Report, the gist of the allegations is that when the de facto complainant was standing in a particular place so as to proceed to a wine shop, the three accused came in a two wheeler, alighted in front of him, started attacking him and robbed a sum of Rs.20,000/-. Hence the case. 3. Learned Counsel for the petitioner would submit that this petitioner is the second accused. There is no specific allegation as far as the second accused is concerned. He only gave lift to the other persons on the way to a wine shop. There are no antecedents and that he has no connection with the other accused. 4. I have considered the submissions made by the learned Counsel for the petitioner. 2/5 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis Crl.O.P.No.18392 of 2026 5. The de facto complainant, in the statement under Section 161 of Cr.P.C., that is recorded, clearly states about all the three accused including the petitioner coming in the two wheeler, alighting the two wheeler and the three persons hit him. He would further submit that they snatched away a sum of Rs.20,000/-. At this stage, the factual contention raised by the petitioner cannot be considered by this Court, prima facie, when there is a material, the case has to be proceeded against the petitioner. 6. In view thereof, giving liberty to the petitioner to raise all the grounds before the Trial Court, this Criminal Original Petition stands dismissed. Considering the submissions made by the learned Counsel for the petitioner that the petitioner is working as Grade - II Constable and it is difficult for him in applying for leave frequently, I am of the view that the presence of the petitioner before the Trial Court can be dispensed with except for the hearings that are insisted upon by the Trial Court. Consequently, connected miscellaneous petitions are closed. 14.07.2026 Neutral Citation : no grs 3/5 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis Crl.O.P.No.18392 of 2026 To 1. The Principal Subordinate Judge, Kancheepuram. 2. The Inspector of Police, B5 Walajabad Police Station, Kanchipuram District. 3. The Public Prosecutor, High Court of Madras. 4/5 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis Crl.O.P.No.18392 of 2026 D.BHARATHA CHAKRAVARTHY, J. grs Crl.O.P.No.18392 of 2026 and Crl.M.P.Nos.12237 and 12239 of 2026 14.07.2026 5/5 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis