Thangam @ Sathish Kumar M vs State Represented By, The Inspector of Police

Court
Madras High Court

CRL OP No. 29119 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-10-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL OP No. 29119 of 2026
CNR: {HCMA012406712026}
Thangam @ Sathish Kumar M
S/o Mohan,
159, New Nagar 7th Street,
Vysarpadi, Chennai.
..Petitioner(s)
Vs
1. State Represented By, The Inspector of Police
P5, MKB Nagar Police Station,
Chennai District.
Crime NO. 606 of 2025
2. Kalidass
S/o Natarajan,
No.330, 8th Street,
Puthu Nagar,
Vysarpadi,
Chennai.
..Respondent(s)
Prayer: This petition is filed under section 528 of BNSS to call for
the records relating to the crime No.606 of 205 on the file of the above said P5
MKB Nagar Police Station and quash the same by allowing this Criminal
Original Petition and pass such other orders as this Honorable Court.
For Petitioner(s): Mr. R.Priyanka
For Respondent(s): Mr.R.Ganesh Kumar,
Additional Public Prosecutor for R1
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CRL OP No. 29119 of 2026
ORDER
This petition has been filed to quash the FIR in Crime No. 606 of 2025
on the file of the respondent police.
2. The case of the prosecution is that on 22.12.2025 at about 20:00 hours,
the deceased committed suicide. It is alleged that the petitioner and other
accused conspired to assault the deceased. . Based on a complaint lodged by the
father of the deceased (the de facto complainant), the subject FIR in Crime No.
606 of 2026 was registered against the petitioner for offences punishable under
Sections 296(b), 115(2), and 108 of the Bharatiya Nyaya Sanhita (BNS), 2023.
3. The learned counsel for the petitioner submits that the petitioner is no
way connected with the alleged occurrence and that there is absolutely no
material to suggest any instigation, active aid, or abetment on her part to push
the deceased to commit suicide.
4.The learned Counsel for Government (crl. Side) would submit that the
investigation is almost completed and the respondent police have only to file
final report. He further submits that this Court has already dismissed the
petition of the co-accused in Crl.OP No.23333 of 2026 on 20.08.2026.
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CRL OP No. 29119 of 2026
5. Heard the learned Counsel appearing on either side and perused
the materials placed on record.
6. A perusal of the entire records reveals that there are specific,
categoric averments and allegations made against the petitioner which prima
facie satisfy the necessary ingredients to constitute the offences punishable
under Sections 296(b), 115(2), and 108 of the Bharatiya Nyaya Sanhita (BNS),
2023.
7.It is seen from the First Information Report that there are specific
allegations as against the petitioner to attract the offence, which has to be
investigated in depth. Further the FIR is not an encyclopedia and it need not
contain all facts and it cannot be quashed in the threshold. This Court finds that
the FIR discloses prima facie commission of cognizable offence and as such this
Court cannot interfere with the investigation. The investigating machinery has
to step in to investigate, grab and unearth the crime in accordance with the
procedures prescribed in the Code.
8.The Hon'ble Supreme Court of India passed in the judgment reported in
2019 (14) SCC 350 in the case of Sau. Kamal Shivaji Pokarnekar vs. The
State of Maharashtra & ors., ( Crl.A.No.255 of 2019 dated 12.02.2019 ) held
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CRL OP No. 29119 of 2026
that the learned Magistrate while taking cognizance and summoning, is required
to apply his judicial mind only with the view to taking cognizance of the
offence whether a prima facie case has been made out for summoning the
accused person. The learned Magistrate is not required to evaluate the merits of
the materials or evidence in support of the complaint, because the Magistrate
must not undertake the exercise to find out whether the materials would lead to
conviction or not. Only in a case where the complaint does not disclose any
offence or is frivolous, vexatious or oppressive, the complaint/FIR can be taken
for consideration for quashment. If the allegations set out in the complaint do
not constitute the offence of which cognizance has been taken by Magistrate, it
can be considered for quashment. Therefore, it is not necessary that a
meticulous analysis of the case should be done before the trial to find out
whether the case would end in conviction or acquittal. If it appears on a reading
of the complaint and consideration of the allegations therein, in the light of the
statement made on oath that the ingredients of the offence are disclosed, there
would be no justification to interfere. At the initial stage of issuance of process,
it is no open to the Court to stifle the proceedings by entering into the merits of
the contentions made on behalf of the accused. Therefore, the criminal
complaint cannot be quashed only on the ground that the allegations made
therein appear to be of a civil nature. If the ingredients of the offence alleged
against the accused are prima facie made out in the complaint, the criminal
proceeding shall not be interdicted.
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CRL OP No. 29119 of 2026
9.Further the Hon'ble Supreme Court of India issued directions in the
judgment reported in 2021 SCC Online SC 315 in the case of M/s.Neeharika
Infrastructure Pvt. Ltd., Vs. State of Maharashtra & ors. , as follows :-
“23. ....................
vi) Criminal proceedings ought not to be scuttled at the
initial stage;
vii) Quashing of a complaint/FIR should be an exception
rather than an ordinary rule;
..............
xii) The first information report is not an encyclopaedia
which must disclose all facts and details relating to the offence
reported. Therefore, when the investigation by the police is in
progress, the court should not go into the merits of the
allegations in the FIR. Police must be permitted to complete the
investigation. It would be premature to pronounce the
conclusion based on hazy facts that the complaint/FIR does not
deserve to be investigated or that it amounts to abuse of process
of law. After investigation, if the investigating officer finds that
there is no substance in the application made by the
complainant, the investigating officer may file an appropriate
report/summary before the learned Magistrate which may be
considered by the learned Magistrate in accordance with the
known procedure;
.............
xv) When a prayer for quashing the FIR is made by the
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CRL OP No. 29119 of 2026
alleged accused and the court when it exercises the power
under  Section 482  Cr.P.C., only has to consider whether the
allegations in the FIR disclose commission of a cognizable
offence or not. The court is not required to consider on merits
whether or not the merits of the allegations make out a
cognizable offence and the court has to permit the investigating
agency/police to investigate the allegations in the FIR; .......”
10. In view of the above discussions, this Court is not inclined to quash
the First Information Report. However, respondent is directed to complete the
investigation in Crime No.606 of 2025 and file a final report within a period of
12 weeks from the date of receipt of copy of this Order, before the jurisdiction
Magistrate, if not already filed.
11. Accordingly, this Criminal Original Petition stands dismissed.
09-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
SMN
To
1. The Inspector of Police
P5, MKB Nagar Police Station,
Chennai District.
2. The Public Prosecutor, High Court, Madras
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CRL OP No. 29119 of 2026
G.K.ILANTHIRAIYAN, J.
SMN
CRL OP No. 29119 of 2026
09-10-2026
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