Miss.K.Sulochana v. The State Rep. by the Inspector of Police,

O R D E R The Criminal Original Petition has been filed by the petitioners to quash the case in S.C.No.133 of 2025 on the file of Principal District Sessions Judge, Tiruppur for the offence under Sections 294(b) and 307 of Indian Penal Code as against the petitioners.

¶2The grievance of the petitioners is that on 19.06.2006, one Subramaniam lodged a complaint before the respondent police alleging that on 19.06.2006 when he had gone to Tiruppur Sub Court for a Court hearing in connection with the case in E.P.No.106 of 1998, the petitioners herein who are his sisters and also petitioners in the said E.P., abused him in filthy language inside the Court hall and outside the Court and also attempted to kill him by strangulating his neck and pulling his private part and on hearing the noise of the defacto complainant, nearby litigants and advocates came there. On seeing them, the petitioners pushed the defacto complainant and went inside the Court. Based on the said complaint, the respondent police registered a case in Crime No.1025 of 2006 for the offences under Sections 294(b) and 307 IPC. The contention of the petitioners is that a false case has been foisted against the petitioners. The respondent police, after completion of investigation, filed the charge sheet within a period of one month from the date of FIR i.e. on 18.07.2006, however, the case was not committed for a long time. After a period of 18 years, now the case has been committed in the year 2025 and numbered as S.C.No.133 of 2025 on the file of Principal District Sessions Judge, Tiruppur. Further, even though the incident is said to have taken place in the Court in the presence of the judicial Officers, they had not taken any action against the petitioners and only some Advocates and Court Bailiff have been shown as witnesses. The further contention of the petitioners is that even during pendency of enquiry itself, the defacto complainant died and there is no material to substantiate the charges. Therefore, there is no need for the petitioners to face the ordeal of trial and conducting of trial is nothing but a futile exercise. Therefore, the case in S.C.No.133 of 2025 may be quashed.

¶3The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that there is a specific overt-act against the petitioners and specific allegations are levelled against the petitioners. The defacto complainant's statement was already recorded under Section 161 Cr.P.C. in which there is a specific overt-act against the petitioners. Further, the allegations are serious in nature that too in the open Court, the petitioners have committed the alleged offence. Therefore, he prayed to dismiss this petition.

¶4Heard both sides and perused the materials available on record.

¶5A perusal of records shows prima facie allegations against the petitioners and there are prima facie materials to proceed the case further against the petitioners. The grounds taken by the petitioners are nothing but defence and mere pendency of the case for a long period, is not a sole ground to quash the charge sheet.

¶6Therefore, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petitions are closed.

¶7However, the petitioners are at liberty to work out their remedy in the manner known to law.

09.07.2025 Index : Yes/No Speaking Order : Yes/No ksa-2 To

¶1The Principal District Sessions Judge, Tiruppur

¶2The Inspector of Police Tiruppur North Police Station Tiruppur – 638 601

¶3The Public Prosecutor High Court of Madras, Chennai P.VELMURUGAN, J ksa-2

09.07.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.07.2025 CORAM THE HONOURABLE MR.JUSTICE P.VELMURUGAN and Crl.M.P.Nos.12847 and 12850 of 2025 1. K.Sulochana 2. K.Uma ... Petitioners Vs. State Represented by The Inspector of Police Tiruppur North Police Station Tiruppur – 638 601 ... Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records pertinent to the S.C.No.133 of 2025 on the file of Principal District Sessions Judge, Tiruppur for the offence under Sections 294(b) and 307 of Indian Penal Code as against the petitioners and quash the same. For Petitioners : Mr.M.Prabakar For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl. Side)