CRL OP No. 5638 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-03-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR CRL OP No. 5638 of 2026 and Crl.M.P.No.4243 of 2026 Ruban S/o.Sivalingam, Residing at No.8C, St.Marrys Road, Perambur, Chennai - 600 011. ..Petitioner(s) Vs 1. The State Rep. by its the Inspector of Police, K-1 Sembiam Police Station, Pulianthope, Chennai. (Crime No.671/2022) 2. Mrs.Molly Joseph W/o.Joseph, Residing at No.7, St.Marrys Road, Perambur, Chennai - 600 011. ..Respondent(s) PRAYER: The criminal orignal petition filed under Section 528 BNSS to call for records in connection with Crime No.671/2022 dated 07.12.2022 pending for investigation on the file of 1st respondent - K1 Sembiam police for investigation and quash the same and further proceedings for the reasons stated above and to pass order or orders that may deem fit and proper. For Petitioner(s): Mr.Elanjchezhien. J For Respondent(s): Mr.LEONARD ARUL JOSEPH SELVAM ADDITIONAL PUBLIC PROSECUTOR FOR R1 https://www.mhc.tn.gov.in/judis CRL OP No. 5638 of 2026 __________ Page2 of 4 ORDER This criminal original petition has been filed to call for records in connection with Crime No.671/2022 dated 07.12.2022 pending for investigation on the file of 1st respondent - K1 Sembiam police for investigation and quash the same . 2.The learned counsel appearing for the petitioner submitted that due civil dispute between the petitioner and the defacto complainant/2nd respondent, civil suit in O.S.No.794 of 2021 was filed and the same is pending before the City Civil Court, Chennai. He further submitted that FIR in this case is hit under limitation of Section 468 Cr.P.C./514 BNSS, since the offences alleged in the FIR are 447 and 506(i) IPC. 3.The learned Additional Public Prosecutor submitted that investigation in this case has been completed and final report has also been filed through e- filing in LTN20230001129, before the Chief Metropolitan Magistrate Court, Egmore, Chennai on 04.03.2026. 4.Considering the submissions and on perusal of the materials available on record, it is seen that primary ground agitated by the petitioner is with regard to the point of limitation and also that a civil suit is pending between the https://www.mhc.tn.gov.in/judis CRL OP No. 5638 of 2026 __________ Page3 of 4 petitioner and the defacto complainant second respondent. The points raised by the petitioner to be raised before the trial Court and not in this petition. 5.Recording the submission made by the learned Additional Public Prosecutor, this Criminal Original Petition is dismissed closed. Consequently, the connected miscellaneous petition is closed. 05-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No sms To 1. The State Rep. by its the Inspector of Police, K-1 Sembiam Police Station, Pulianthope, Chennai. (Crime No.671/2022) 2. The Public Prosecutor High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 5638 of 2026 __________ Page4 of 4 M.NIRMAL KUMAR, J. sms CRL OP No. 5638 of 2026 05-03-2026 https://www.mhc.tn.gov.in/judis