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2026 DAILYLAW 58185 (MAD)

J.Abishek Jein v. The State Rep. by, The Inspector of Police

CRL OP/19383/2026 · 2026-07-22

D Bharatha Chakravarthy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL.OP.No.19383 of 2026 __________ IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL.OP.No.19383 of 2026 and CRL.MP.Nos.12853 & 12988 of 2026 J.Abishek Jein ..Petitioner Vs 1. The State Rep. by, The Inspector of Police, Pollachi East Police Station, Coimbatore District. (Crime No.10 of 2023) 2. A.Maria Vasantha ..Respondents Prayer: Criminal Original Petition filed under Section 528 of BNSS, praying to call for the records relating to CC.No.156 of 2023 on the file of Judicial Magistrate Court No.I, Pollachi, Coimbatore District and quash the same. For Petitioner: Mr.R.Sethuvarayar For Respondents: Mr.M.Mohamed Riyaz, (for R1) Government Advocate (Crl. Side) https://www.mhc.tn.gov.in/judis CRL.OP.No.19383 of 2026 __________ ORDER The prayer in this criminal original petition is to quash the final report in C.C.No.156 of 2023, pending on the file of the Judicial Magistrate Court No.I, Pollachi, Coimbatore. 2. The prayer sought in this petition is innocuous in nature, and as such, this petition is being disposed of at the admission stage itself, without ordering notice to the second respondent/de facto complainant. 3. A perusal of the First Information Report (FIR), the final report and the materials collected during the course of the investigation reveals that the second respondent/de facto complainant is the mother-in-law of the second accused (A2). The case appears to have been registered following a quarrel among family members. 4. The learned counsel for the petitioner submitted that the petitioner, arrayed as A4, is a car driver by profession and is not a member of the family. He further submitted that the petitioner was present at the scene solely in the capacity of an employee driving the vehicle and did not indulge in any offence. https://www.mhc.tn.gov.in/judis CRL.OP.No.19383 of 2026 __________ 5. This Court has considered the submissions made on either side. 6. Given the specific allegation that the petitioner joined the other family members in destroying flower pots and committing other acts, his contention that he has no connection to the family members and lacked criminal intention, cannot be decided by this Court at this stage, as it involves purely factual disputes. 7. In view of the above, this criminal original petition stands disposed of, with liberty to the petitioner to raise all the aforementioned grounds before the Trial Court. 8. At this juncture, considering the nature of the allegations and the plea made before this Court, the personal appearance of the petitioner before the learned Judicial Magistrate No.I, Pollachi, Coimbatore, is dispensed with, except for those necessary hearings where his presence is strictly insisted upon by the Trial Court. Accordingly, Crl.MP.No.12988 of 2026 is ordered and CRL.MP.No.12853 of 2026 is closed. 22-07-2026 Neutral Citation: No Sni https://www.mhc.tn.gov.in/judis CRL.OP.No.19383 of 2026 __________ D.BHARATHA CHAKRAVARTHY,J. Sni To 1.The Judicial Magistrate No.I, Pollachi, Coimbatore District. 2.The Inspector of Police, Pollachi East Police Station, Coimbatore District. 3.The Public Prosecutor, High Court of Madras. CRL.OP.No.19383 of 2026 22-07-2026 https://www.mhc.tn.gov.in/judis