Crl.OP(MD) No.15681 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2026 CORAM THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.15681 of 2026 and Crl.MP(MD) Nos.15191 & 15192 of 2026 C.Sundaram ... Petitioner Vs 1. State of Tamilnadu Rep by Inspector of Police, Kadayanallur Police Station, Tenkasi District. (Cr.No. 237 of 2025). 2. Bharathi ...Respondents PRAYER: Criminal Original Petition is filed under Section 528 of BNSS., to call for the records of the case S.T.C.No. 830 of 2026 on the file of the Judicial Magistrate, Tenkasi, and Quash the same. For Petitioner : Mr.S.Sundarapandian For Respondents : Mr.P.Samuel Gunasingh Government Advocate (Crl.Side) for R1 1/5 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.15681 of 2026 ORDER The present petition has been filed by the sole accused in STC No. 830 of 2026 on the file of Judicial Magistrate, Tenkasi, wherein, the petitioner is charged with the offences under Sections 281, 125(b) of BNS 2023. 2.Perusal of the charge sheet reveals that the petitioner is said to have driven his four wheeler in a rash and negligent manner and dashed against the rear side of the two wheeler, in which, the defacto complainant was a pillion rider. 3.According to the learned counsel appearing for the petitioner there is variation between the allegations in the FIR and the charge sheet. Therefore, he prays to quash the charge sheet. 4.According to the learned Government Advocate (Crl.Side) appearing for the first respondent, the said variation has already been explained by the defacto complainant and it is a subject matter of trial. 5.I have considered the submissions made on either side and perused the materials available on record. 2/5 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.15681 of 2026 6.The direction in which the vehicles were being driven at the relevant point of time is a factual dispute and it has to be decided during the course of trial. In such circumstances, the said issue cannot be decided in a quash petition. Hence, this Court is not inclined to entertain the present petition. 7.The trial Court is directed to dispose of the criminal case without being influenced by any one of the observations made by this Court. The presence of the petitioner shall be dispensed with unless it is specifically directed by the trial Court. 8. With the above said observations, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petitions are also closed. 29.07.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No PNM 3/5 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.15681 of 2026 To 1.The Judicial Magistrate, Tenkasi 2.The Inspector of Police, Kadayanallur Police Station, Tenkasi District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.15681 of 2026 R.VIJAYAKUMAR , J. PNM ORDER MADE IN Crl.OP.(MD)No.15681 of 2026 and Crl.MP(MD) Nos.15191 & 15192 of 2026 29.07.2026 5/5 https://www.mhc.tn.gov.in/judis