Balasubramaniyam v. The State Rep by The Inspector of Police
CRL OP/19827/2026 · 2026-07-24
D Bharatha Chakravarthy
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 58271 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 58271 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 19827 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 19827 of 2026 and Crl.MP.Nos. 13175 & 13176 of 2026 Balasubramaniyam, S/o.Natchimuthu Goundar, Kilakku Thotathu Salai, Thanner Pandhal. Solanur Village, Pollachi, Coimbatore. ..Petitioner(s) Vs
1. The State Rep by The Inspector of Police Pollachi Taluk Police Station, Pollachi, Coimbatore District. Crime No.64 of 2025. 2. Mahendran S/o.Veeramuthu, Kilakku Thotathu Salai, Thanner Pandhal, Solanur Village, Pollachi, Coimbatore. ..Respondent(s) Prayer: Criminal Original Petition filed under Section 528 of BNSS, to call for the records relating S.C.No.359 of 2025 on the file of the Court of The Sessions, Bomb Blast Cases, Coimbatore and quash the same and pass such further or other orders as this Hon’ble Court may deem fit and thus render Justice. For Petitioner(s): Mr.S.Nirmal Aditya For Respondent(s): Mr.M.Mohamed Riyaz Government Advocate (Crl. Side) for R1 https://www.mhc.tn.gov.in/judis
CRL OP No. 19827 of 2026 __________ Page2 of 4 ORDER The prayer in the Criminal Original Petition is to quash the final report in S.C.No.359 of 2025. 2. Upon perusing the First Information Report, the materials collected during the investigation and the final report, the allegation is that on account of a dispute with reference to the common pathway, the accused has attacked the de facto complainant with an Aruva on the neck and as such the case is registered and after investigation, a final report is filed complaining an offence under Section 109(1) of the BNS. 3. The learned counsel for the petitioner would submit that no Aruva has been recovered. The Doctor also opines that it is a simple injury and further there is no other eyewitness. At the stage of quashing the complaint, the only factors that can be looked into is that whether there is material to proceed against the petitioner or not and it cannot be on the quantum or quality of the evidence. The same are all matters for trial. When prima facie the injured witness has spoken to and with reference to the injury, the Doctor who gave the treatment is also examined and the AR copy is also part of the final report, all the other contentions remain factual in nature to be raised during the course of the trial.
Therefore, keeping open the liberty of the petitioner to raise all these grounds before the Trial Court, the prayer made cannot be countenanced and as https://www.mhc.tn.gov.in/judis
CRL OP No. 19827 of 2026 __________ Page3 of 4 such, the Criminal Original Petition is disposed of. Consequently, connected miscellaneous petitions are closed. 4. At this stage, the learned counsel pleads hardship for the petitioner to attend the Trial Court. Considering the hardship pleaded, the presence of the petitioner before the Trial Court shall stand dispensed with except for the hearings that may be insisted upon by the Trial Court. 24-07-2026 Neutral Citation: No KKN https://www.mhc.tn.gov.in/judis
CRL OP No. 19827 of 2026 __________ Page4 of 4 D.BHARATHA CHAKRAVARTHY, J. KKN To
1. The Inspector of Police, Pollachi Taluk Police Station, Pollachi, Coimbatore District. 2. The Court of the Sessions, Bomb Blast cases, Coimbatore. 3. The Public Prosecutor, High Court of Madras, Chennai. CRL OP No. 19827 of 2026 24-07-2026 https://www.mhc.tn.gov.in/judis