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CDJ 2026 MHC 4419
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| Court : Before the Madurai Bench of Madras High Court |
| Case No : CRL O.P. (MD) No. 22048 of 2024 & CRL M.P. (MD) No. 13677 of 2024 |
| Judges: THE HONOURABLE MR. JUSTICE R. VIJAYAKUMAR |
| Parties : Ganesan Versus The State of Tamilnadu, Rep by The Inspector of Police, Nilakkottai Police Station, Dindigul & Another |
| Appearing Advocates : For the Petitioner: S. Sukumar, Advocate. For the Respondents: R1, P. Samuel Gunasingh, Counsel for State of TN (Criminal Side), R2, P.T. Ramesh Raja, Advocate. |
| Date of Judgment : 16-06-2026 |
| Head Note :- |
BNSS, 2023 - Section 528 -
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Section 528 of BNSS, 2023
- Sections 296(b) and 132 of BNS, 2023
- Section 4 of TN Prohibition of Harassment of Women Act, 2002
2. Catch Words:
- Quash
- Abuse of Process
- Harassment
3. Summary:
The petitioner, a ward member, filed a Criminal Original Petition under Section 528 of BNSS, 2023, seeking to quash FIR No. 305 of 2024 alleging offences under Sections 296(b) and 132 of BNS, 2023 and Section 4 of the TN Prohibition of Harassment of Women Act, 2002. The FIR alleged abusive conduct and an intent to attack a person in the Panchayat Union office, but did not specify the abusive words nor any harassment of a woman. The court found no material to sustain the allegations under the cited provisions and held that continuation of the FIR would be an abuse of the legal process. Consequently, the FIR was quashed and the connected Criminal Miscellaneous Petition was closed.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records relating to the FIR in Crime No.305 of 2024 on the file of Respondent Police and quash the same as illegal.)
1. The present Criminal Original Petition has been filed by the sole accused in Crime No.305 of 2024 on the file of the first respondent police, seeking to quash the FIR, wherein the petitioner is alleged to have committed offences under Sections 296(b) and 132 of BNS, 2023, read with Section 4 of TN Prohibition of Harassment of Women Act, 2002.
2. A perusal of the FIR reveals that the petitioner, who is a ward member, is alleged to have entered into the Panchayat Union office, abused the staff therein, and searched for one Edwin Albert with an intention to attack him.
3. According to the learned counsel for the petitioner, the complaint has been lodged due to political animosity and no such incident had ever happened. He further submitted that the petitioner had merely questioned the malpractice in issuance of tenders by the Panchayat Union and had already filed Public Interest Litigations before this Court in that regard. Due to the said animosity, the present FIR has been lodged.
4. The learned counsel for the second respondent submitted that the petitioner had entered the office, used abusive language, and interfered with the administration. Therefore, the complaint came to be lodged.
5. I have considered the submissions made on either side and perused the materials available on record.
6. As far as the allegations attracting Section 296(b) of BNS, 2023, are concerned, the specific abusive words have not been incorporated in the FIR. Further, there is no allegation whatsoever that any woman was harassed in the office premises. In view of the same, the allegations attracting Section 4 of TN Prohibition of Harassment of Women Act, 2002, also does not arise.
7. The FIR also does not reveal that the petitioner had made any attempt to interfere with the administration of the Panchayat Union. In view of the same, the offence under Section 132 of BNS, 2023, is also not made out.
8. In view of the aforesaid facts and circumstances, continuation of the First Information Report against the petitioner would amount to an abuse of the process of law. Therefore, the FIR in Crime No.305 of 2024 on the file of the first respondent police is quashed.
9. Accordingly, this Criminal Original Petition is allowed. Consequently, the connected Criminal Miscellaneous Petition is closed.
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