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2026 DAILYLAW 57335 (MAD)

Chellammal v. The State Rep by The Sub Inspector of Police (Law and Order)

CRL OP/19329/2026 · 2026-07-21

D Bharatha Chakravarthy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 19329 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 19329 of 2026 1. Chellammal 2. Balu 3. Meenatchi 4. Chitra ..Petitioner(s) Vs 1. The State Rep by The Sub Inspector of Police (Law and Order) J6, Thiruvanmiyur Police Station, Thiruvanmiyur, Chennai - 600 041. 2. Mythili ..Respondent(s) Prayer: This Criminal Original Petition is filed under Section 528 of BNSS, praying to call for the records in CC.No.447 of 2025 on the file of Learned XVIII-Metropolitan Magistrate Court, Saidapet and quash the same insofar as the charges U/s.296(b), 115(2), 118(i) and 351(3) of BNS Act 2023 relating to the Petitioners are concerned. For Petitioner(s): Mr.R.T.Chidambaram For Respondent(s): Mr.M.Mohamed Riyaz, Government Advocate (Crl. Side), For R1 https://www.mhc.tn.gov.in/judis CRL OP No. 19329 of 2026 __________ Page2 of 4 ORDER The prayer in the Criminal Original Petition is to quash the final report in CC.No.447 of 2025 on the file of Learned XVIII-Metropolitan Magistrate Court, Saidapet. 2. Upon considering of the case, it can be seen that the dispute arose regarding the use of a drilling machine. It is alleged that all the accused had threatened and also attacked the de facto complainant. It is specifically alleged that A1 had attacked the de facto complainant with a knife. The Doctor who gave the treatment was also examined and the relevant wound certificate was also produced along with the prosecution. Therefore, there is prima facie material against the petitioners to be proceeded by way of a trial. 3. The learned counsel for the petitioners would submit that on perusal of the FIR and the statement given subsequently, it would be clear that there is embellishment and improved versions are made by the witnesses. The question relating to improved version, contradictions etc., are all matters to be brought out during the trial. It is also submitted that PW1 is already examined and the trial is commenced. https://www.mhc.tn.gov.in/judis CRL OP No. 19329 of 2026 __________ Page3 of 4 4. In view thereof, keeping open the liberty of the petitioners to raise all these grounds in the trial, this Criminal Original Petition is not entertained and as such it is disposed of. 5. At this stage, the learned counsel for the petitioners pleads hardship for the petitioners to appear before the Trial Court. Considering the plea made, the presence of the petitioners before the Trial Court except for the hearings that may be insisted upon by the Trial court shall stand dispensed with. 21-07-2026 Neutral Citation: No PVS To 1. XVIII Metropolitan Magistrate Court, Saidapet, Chennai 2. Sub Inspector of Police (Law and Order) J6, Thiruvanmiyur Police Station, Thiruvanmiyur, Chennai - 600 041. 3. The Public Prosecutor, High Court, Madras https://www.mhc.tn.gov.in/judis CRL OP No. 19329 of 2026 __________ Page4 of 4 D.BHARATHA CHAKRAVARTHY, J. PVS CRL OP No. 19329 of 2026 21-07-2026 https://www.mhc.tn.gov.in/judis