✦ High Court of India · 14 Jul 2025

High Court · 2025

Case Details High Court of India · 14 Jul 2025

Court

High Court of India

Decided

14 Jul 2025

Bench

Not available

Length

1,003 words

CRL OP No. 18241 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 14-07-2025CORAMTHE HONOURABLE MR JUSTICE P. VELMURUGANCRL OP No. 18241 of 2025ANDCRL OP NO. 18054 of 2025 &CRL MP NO. 11854 of 2025,CRL OP No. 18241 of 20251. P.PerumalS/O Palanisamy, PSK LIne, Devangapuram, Pallipalayam, Namakkal District.Petitioner(s)Vs1. The Superintendent of PoliceNamakkal - 637003. Namakkal District.2.The Inspector Of PolicePallipalayam Police Station, Crime No.104 of 2013, Namakkal District.3.The Superintendent of PoliceCrime Branch CID, 1/11 https://www.mhc.tn.gov.in/judis CRL OP No. 18241 of 2025Head Quarters, 24, Pantheon Road, Chennai - 600008.Respondent(s)CRL OP No. 18054 of 20251. P.S.KandasamyS/o. Sellappa Gounder, 108, Kanni Mariamman Koil Street, Devagapuram, Pallipalayam, Namakkal District.2.K.ArunkumarS/o. Kandasamy, Periyakadu, Pallipalayam, Namakkal District.3.Subramani @ Poolakadu Subramanis/o.Kandasamy, poolakattur, Vediarasampalayam, Kumarapalayam Taluk, Namakkal District.4.Kumars/o. Thangavel, 2/26, Odapalli, Cauvery Rs, pallipalayam, Namakkal District.5.Kuzhanthaivel @ Mani,S/o. Palani Samy Gounder, Near Mariamman Kovil, Kaliyanoor, Pallipalayam, Namakkal District.6.Murugesans/o. Shanmugam, Vasantha Nagar, Cauvery Rs, pallipalayam, Namakkal District.2/11 https://www.mhc.tn.gov.in/judis CRL OP No. 18241 of 20257.DuraisamyS/o. Seeranga Gounder, 3/314, Anna Nagar, pallipalayam, Namakkal District.8.MurugesanS/o.Perumal, 81, Merkku Thottipalayam, Asarikadu, Samayasangili, pallipalayam, Namakkal District.9.Kodieshwarans/o. Kandasamy, Near kalyanamandapam, 1st Cross, Santai Road, pallipalayam, Namakkal District.10.P.Perumal,S/o. Palanisamy, PSK Line, Devangapuram, pallipalayam, Namakkal District.11.RanganathanS/o. Kalyanasundaram, 456, Rajaji Nagar, Cauvery Rs, Pallipalayam, Namakkal District.12.JeevananthanS/o.Kalyanasundaram, 456, Rajaji Nagar, Cauvery RS, Pallipalayam, Namakkal District.13.Prabhu KumarS/o. Shanmugam, 276, Rajaji Nagar, Cauvery RS, Pallipalayam, Namakkal 3/11 https://www.mhc.tn.gov.in/judis CRL OP No. 18241 of 2025District.14.Poornasamy,S/o. Karuppanna Gounder, Veerappampalayam, Kaliyanur, Pallipalayam, Namakkal District.15.Sengottaiyans/o. Kandasamy, 3/31, Lakshmi Nagar, Agraharam, Pallipalayam, Namakkal District.16.ShanmugamS/o. Pongiyanna Gounder, 4/432, Roja Nagar, Agraharam, Pallipalayam, Namakkal District.17.Balachandrans/o. shanmugam, 4/432, Kothukadu, Agraharam, Pallipalayam, Namakkal District.18.Rajeshwaran @ RajeshS/o. Kaliyannar, 56A, Mampalayam Road, Agraharam, Pallipalayam, Namakkal District.19.VenkatachalamS/o. Subramani, 1-96, Elanthakuttai, Pallipalayam, Namakkal District.20.GovindarajS/o. Ramasamy, Krishna Nagar, OPP.To Jayalakshmi Theatre, Pallipalayam, Namakkal District.4/11 https://www.mhc.tn.gov.in/judis CRL OP No. 18241 of 202521.Kuppusamy,S/o. Amavasai, Krishna Nagar, Opp.To Jayalakshmi Theatre, Pallipalayam, Namakkal District.22.Balasubramaniams/o. Palanisami, 198, Poolakattur, Vediyarasampalayam, Pallipalayam, Namakkal District.23.IbrahimS/o. Jalavudeen, Vela Street, Surampatty Valasu, Erode District.Petitioner(s)Vs1. The Inspector of Police,Pallipalayam Police Station, Crime No. 105/2013, Namakkal District.2.Balasubramanis/o. Palanisamy, 1/95, Kulakkadu Thootam, Senkuttaipalayam, Samayasangili Agraharam, Kumarapalayam Taluk, Namakkal District.Respondent(s)5/11 https://www.mhc.tn.gov.in/judis CRL OP No. 18241 of 2025CRL OP No. 18241 of 2025PRAYERThis Criminal Original Petition is filed under Section 528 of BNSS, to withdraw the investigation in Crime No.104 of 2013 from the file of the 2nd respondent and to transfer the same to the 3rd respondent CBCID for fair and proper investigation in Crime No.104 of 2013.CRL OP No. 18054 of 2025PRAYERThis Criminal Original Petition is filed under Section 528 of BNSS, to call for the records and quash the criminal case in PRC No.25/2025 on the file of the learned Judicial Magistrate, Kumarapalayam for violation of the guidelines given in para No. 58 and 59 of the Hon'ble Full Bench Judgment in T.Balaji Vs State (2024 (5) CTC1 (FB) by allowing this Criminal Original petition.For Petitioner(s)in both the OPsMr.N. Manoharan For Respondentsin Crl.O.P.No.18241 of 2025 and For R1 in Crl.O.P.No.18054 of 2025For R2 inCrl.O.P.No.18054 of 2025Dr.C.E.PratapGovernment Advocate (Crl.Side)Mr.A.Padmanaban6/11 https://www.mhc.tn.gov.in/judis CRL OP No. 18241 of 2025ORDERThe Crl.O.P.No.18241 of 2025 has been filed to withdraw the investigation in Crime No.104 of 2013 from the file of the 2nd respondent and to transfer the same to the 3rd respondent CBCID for fair and proper investigation in Crime No.104 of 2013.2. Crl.O.P.No.18054 of 2025 has been filed to call for the records and quash the criminal case in PRC No.25/2025 on the file of the learned Judicial Magistrate Court, Kumarapalayam for violation of the guidelines given in para No. 58 and 59 of the Hon'ble Full Bench Judgment in T.Balaji Vs State (2024 (5) CTC1 (FB).3. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent-Police and perused the materials available on record.4. On a perusal of the records it is seen that there are two Crime Nos.104 and 105 of 2013, which are case and counter case. While the final report has been filed in Crime No.105 of 2013, the same was taken on file by the learend Judicial Magistrate, Kumarapalayam in PRC No.25 of 2025. In the earlier 7/11 https://www.mhc.tn.gov.in/judis CRL OP No. 18241 of 2025case, i.e., in Crime No.104 of 2013, the respondent-Police have not filed the charge sheet, whereas, the latter case in Crime No.105 of 2013, charge sheet was filed and the case is at the PRC stage. The respondent-Police have to conduct investigation simultaneously in both the case and counter case. Since they have violated the guidelines laid down by the Full Bench of this Court in T.Balaji & Another Vs The State, reported in 2014(5) CTC 1, the petitioners have filed these criminal original petitions. 5. It is submitted by the learned counsel for the petitioner in Crl.O.P.No.18241 of 2025 that in response to the petition filed under the RTI Act, the second respondent has furnished the information that entire case records relating to Crime No.104 of 2013 are found missing and the same is not traceable and hence, they proceed with the case in Crime No.105 of 2013.6. When the Investigation in one case is pending, the respondent-Police have filed the charge sheet in the counter case, which is against the guidelines of the Hon'ble Supreme Court and Full Bench of this Court. Hence, the charge sheet filed in Cr.No.105 of 2013 which was taken on file as PRC No.25 of 2025 of the trial Court, is set aside. The respondent-Police is directed to conduct a 8/11 https://www.mhc.tn.gov.in/judis CRL OP No. 18241 of 2025fresh investigation in both Crime Nos.104 and 105 of 2013 simultaneously and file a charge sheet.7. With the abovesaid direction, the criminal original petitions are disposed of. Consequently, connected miscellaneous petition is closed.14-07-2025mfaIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No9/11 https://www.mhc.tn.gov.in/judis CRL OP No. 18241 of 2025To1. The Judicial Magistrate, Kumarapalayam.2.The Superintendent of PoliceNamakkal - 637003. Namakkal District.3.The Inspector Of PolicePallipalayam Police Station, Crime No.104 of 2013, Namakkal District.4.The Superintendent of PoliceCrime Branch CID, Head Quarters, 24, Pantheon Road, Chennai – 600008.5. The Public Prosecutor, High Court, Chennai.10/11 https://www.mhc.tn.gov.in/judis CRL OP No. 18241 of 2025P.VELMURUGAN JmfaCRL OP No. 18241 of 2025AND CRL OP NO. 18054 OF 2025& CRL MP NO. 11854 OF 2025,14-07-202511/11

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