Mrs.Kanimozhi vs The Inspector Of Police on 18 March, 2026

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    Madras High Court

    Mrs.Kanimozhi vs The Inspector Of Police on 18 March, 2026

    Author: R.Vijayakumar

    Bench: R.Vijayakumar

                                                                                             Crl.OP(MD).No.7727 of 2024
    
    
    
                                 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
    
                                           ORDER RESERVED ON                           : 11.03.2026
    
                                            ORDER PRONOUNCED ON : 18.03.2026
                                                      CORAM
    
                                      THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR
    
                                                Crl.OP(MD).No. 7727 of 2024
                                                           and
                                         Crl.MP(MD).Nos.5380 of 2024 & 1773 of 2026
    
    
    
                         1.Mrs.Kanimozhi
    
                         2.P.Mokkamayan
    
                         3.Mrs.Kalavathi
    
                         4.M.Tamil Udayan
    
                         5.K.Mahendran                                                        ....Petitioners
    
                                                                     Vs
    
                         1.The Inspector of Police
                         Uthamapalayam Police Station
                         Theni District
                         Crime No.1791 of 2020
    
                         2.Mr.Arun Deepak                                                     ....Respondents
    
                         Prayer:The Criminal Original Petition filed under Section 482 of Cr.P.C. to
                         call for the records pertaining to the proceedings of the case in C.C.No.41 of
                         2023 pending on the file of the Judicial Magistrate, Uthamapalayam and to
                         quash the same in respect of the petitioners 1 to 5.
    
    
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                                                                                                 Crl.OP(MD).No.7727 of 2024
    
    
    
    
                                      For Petitioner              : Mr.Babu.Rajendran
    
                                      For Respondents             : Mr.A.Albert James
                                                                  Government Advocate (Crl.side) for R1
    
                                                                  :M/s.S.Meena for R2
    
                                                                  ORDER
    

    The present petition has been filed by the accused persons in C.C.No.

    41 of 2023 on the file of the Judicial Magistrate, Uthamapalayam seeking to

    SPONSORED

    quash the charge sheet wherein they have been charged with the offences

    under Section 111, 120(b), 294(b), 326, 340, 383 and 506(ii) I.P.C.

    2.A perusal of the charge sheet reveals that the defacto complainant is

    the husband of the 1st accused and accused Nos.2 and 3 are his parents-in-law

    and accused Nos.4 and 5 are his brothers-in-law.

    3.The charge sheet further reveals that all the accused persons have

    threatened and abused the defacto complainant to transfer the properties in

    the name of the 1st accused who is the wife of the defacto complainant. On

    26.05.2020, when the defacto complainant had entered the house and

    requested his wife to provide buttermilk, he found that it was sour, half an

    hour after consumption of the same, he had experienced stomach pain and

    when he informed his wife that he would like to go hospital, the wife had

    closed the room. When the defacto complainant enquired about the same, the

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    Crl.OP(MD).No.7727 of 2024

    1st accused is alleged to have told him that only if you die, I will get the

    property. Thereafter, the defacto complainant is said to have raised an alarm

    and neighbours came there and broke open the door and admitted the defacto

    complainant to Uthamapalayam Government Hospital.

    4.As per the charge sheet, when the defacto complainant returned back

    home, it was found that the 1st accused (wife) had taken back all the jewels

    and sarees from home along with her son. Therefore, the accused persons

    have in connivance with each other, with a criminal intention to grab the

    properties and to commit the murder of the defacto complainant by adding ant

    killer power and 20 sleeping tablets in the Kabasura Water which was given

    to him instead of buttermilk.

    5.The learned counsel appearing for the petitioners had raised the

    following grounds for quashing the charge sheet.

    a)The 1st accused had filed a criminal case in Crime No.8 of 2018 as

    against the defacto complainant and it was charged in C.C.No.388 of 2019 on

    the file of the Additional Mahila Court (Judicial Magistrate Level), Madurai

    for the alleged offences under Sections 498(A) and 406 I.P.C. The 1st accused

    has also filed DVOP.No.33 of 2018 before the Additional Mahila Court,

    Madurai. The defacto complainant tendered apology and agreed to live along

    with the petitioner and requested to withdraw the cases. Therefore, a

    compromise petition was filed in Crl.OP(MD).No.4396 of 2020 and the same

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    Crl.OP(MD).No.7727 of 2024

    was allowed on 11.03.2020 quashing the charge in C.C.No.388 of 2019.

    b)The learned counsel for the petitioners had further submitted that

    after quashing of the charge sheet, the defacto complainant had enacted a

    drama as if he was administered with poison on 26.05.2020. He further

    submitted that on 26.05.2020, the 1st petitioner has lodged a complaint before

    the police officials and the same was transferred to the Deputy

    Superintendent of Police, Uthamapalayam and enquiry was conducted on

    09.06.2020. The 1st petitioner had also filed an application before this Court

    to recall the order passed in Crl.OP(MD).No.4396 of 2020. Suppressing these

    facts, the defacto complainant has lodged the police complaint.

    c)The learned counsel for the petitioners had further stated that the

    defacto complainant had filed a petition under Section 156(3) Cr.P.C before

    the Judicial Magistrate Court, Uthamapalayam seeking to register an F.I.R.

    based upon the alleged incident dated 26.05.2020. Only based upon the

    orders of the Court, the present F.I.R has been registered on 14.09.2020 in

    Crime No.1791 of 2020 which has culminated in filing of the charge sheet in

    C.C.No.41 of 2023.

    d)According to the learned counsel for the petitioners, a perusal of the

    petition filed under Section 156(3) Cr.P.C would clearly reveal that it is filed

    only as a petition and not accompanied by any affidavit. He relied upon a

    decision of the Hon’ble Supreme Court reported in (2015) 6 SCC 287

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    Crl.OP(MD).No.7727 of 2024

    ( Priyanka Srivastava and another Vs. State of Uttar Pradesh and others)

    wherein in Paragraph No.27, it has been held that the learned Magistrate has

    to verify the veracity of the allegation by way of an affidavit so that the

    applicant can be more responsible. This would avoid harassment. Therefore,

    according to him, in the present case, since no affidavit was filed on the side

    of the defacto complainant in order to seek remedy under Section 156(3)

    Cr.P.C, the order passed by the Court is clearly illegal and void. Therefore,

    the F.I.R registered by the concerned police officials is also not valid in the

    eye of law. He further submitted that the entire investigation pursuant to the

    invalid F.I.R and the charge sheet laid in the present case are liable to be set

    aside.

    e)The learned counsel for the petitioners had also relied upon a

    Division Bench judgment of this Court reported in 2018-2-L.W.(Crl) 489

    (G.Prabakaran Vs. The Superintendent of Police, Thanjavur District and

    another) specifically Paragraph No.20 and contended that without

    approaching the concerned higher police officials for non-registration of the

    F.I.R, the application under Section 156(3) Cr.P.C cannot be entertained by

    the Judicial Magistrate.

    f)The learned counsel appearing for the petitioners further contended

    that no independent witness has been examined on the said of the authorities.

    The list of witnesses annexed to the charge sheet would clearly reveal that all

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    of them are close relatives of the husband and therefore, it is completely a

    biased investigation and the chances of the conviction are blink in nature.

    g)The learned counsel for the petitioners had further submitted that the

    offence under Section 294(b) has not been made out in view of the fact that

    the entire alleged offence is said to have taken place inside the room and not

    in a public place. He further submitted that the alleged offence under Section

    506(ii) I.P.C has not been made out in view of the fact that the threat alleged

    to have been made only through a phone call and therefore, the threat is not

    real and it is not resulted in any untoward incident. Phone details or number

    from which the calls emanates has not been mentioned.

    h)The learned counsel for the petitioners had further submitted that the

    allegation of criminal conspiracy has not been made out in view of the fact

    that the allegations are completely bald in nature and no particulars has been

    furnished. The ingredients of Section 111 of I.P.C have not been made out.

    i).The learned counsel had further submitted that the charge sheet

    refers Section 340 I.P.C and indicates that it is a definition section. Only

    Section 341 I.P.C is the punishment section and the same has not been

    invoked. He had further submitted that when the defacto complainant does

    not own any property whatsoever, hence the question of invoking Section 383

    of I.P.C would not arise. No details have been furnished by the defacto

    complainant that he owns the properties and he was pressurized by accused

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    persons for transferring the properties in favour of the accused. Hence, he

    prayed for allowing the petition and to quash the charge sheet.

    6.Per contra, the learned counsel appearing for the second respondent

    submitted that the defacto complainant owns properties and the accused

    persons threatened the defacto complainant to transfer those properties in

    favour of the accused persons especially the 1st accused. She further

    submitted that the reading of the charge sheet would clearly reveal that the

    ingredients of all the offences have been made out. The contention raised by

    the learned counsel for the petitioners are based on the disputed fact and

    therefore, they could be absolved only by conducting a trial. He further

    submitted that there was no irregularity or illegality in the order passed by the

    Judicial Magistrate under Section 156 (3) of Cr.P.C.

    7.The learned counsel appearing for the second respondent had further

    submitted that the offences under Sections 294(b), 506(ii) I.P.C, the criminal

    conspiracy, Sections 111 and 383 of I.P.C have been made out. The

    petitioners cannot raise the disputed facts before this Court in order to quash

    the charge sheet. The Court cannot conduct a mini trial in order to arrive at

    conclusion. Hence, he prayed for dismissal of the quash petition.

    8.The learned Government Advocate (Crl.side) appearing for the first

    respondent submitted that the ingredients of each one of the offences have

    been made out and after thorough investigation, the charge sheet has been

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    laid. He further submitted that there was a direction from the concerned

    Judicial Magistrate for registration of the F.I.R and thereafter, the F.I.R has

    been registered and after investigation, the charge sheet has been laid. When

    prima facie case is made out as against the petitioner, the Court cannot

    interfere at this stage to quash the charge sheet. Whether the incident has

    taken place in a public or not is a matter of trial and therefore, at this stage

    cannot be quashed.

    9.I have considered the submissions made on either side and perused

    the material records.

    10.The primary contention of the learned counsel appearing for the

    petitioners is that the application filed by the defacto complainant under

    Section 156(3) Cr.P.C before the Judicial Magistrate Court, Uthamapalayam

    has not been accompanied by an affidavit. He relied upon Paragraph No.30 of

    the judgement of Priyanka Srivastava‘s case (cited supra) which is

    extracted as follows:

    “30.In our considered opinion, a stage has come in this
    country where Section 156(3) Cr.P.C. applications are to be
    supported by an affidavit duly sworn by the applicant who seeks
    the invocation of the jurisdiction of the Magistrate. That apart, in
    an appropriate case, the learned Magistrate would be well
    advised to verify the truth and also can verify the veracity of the
    allegations. This affidavit can make the applicant more

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    responsible. We are compelled to say so as such kind of
    applications are being filed in a routine manner without taking
    any responsibility whatsoever only to harass certain persons……”

    11.The order of the Hon’ble Supreme Court in Priyanka Srivastava’s

    case which is extracted above has been clarified by the Hon’ble Supreme

    Court in a judgment reported in 2024 SCC Online SC 4046 (SAS Infratech

    Pvt.Ltd., Vs. State of Telangana and another). Paragraph No.9 of the said

    judgment is extracted as follows:

    “9.The learned counsel for Respondent No.2 has placed
    reliance of the decision of this Court in “Priyanka Srivastava And
    Another Versus State of Uttar Pradesh And Others” (2015) 6 SCC
    287 to submit that the complaint filed by the appellant –
    complainant was not supported by an affidavit. In our opinion, the
    said observation has been made in the said case by way of
    abundant caution to see that frivolous complaints are avoided.”

    12.A careful reading of the judgement of the Hon’ble Supreme Court in

    Priyanka Srivastava‘s case will clearly indicate that the application under

    Section 156(3) Cr.P.C has to be supported by an affidavit duly signed by the

    applicant. However, the said finding has been clarified in SAS Infratech

    Pvt.Ltd., case to the effect that the observation in Priyanka Srivastava‘s case

    has been made in the said case by way of abundant caution to see that the

    frivolous complaint are avoided. In Priyanka Srivastava‘s case even though

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    an application under Section 156(3) Cr.P.C was not accompanied by an

    affidavit, the Hon’ble Supreme Court was pleased to confirm the direction

    issued by the Judicial Magistrate for registration of an F.I.R, especially when

    the Judicial Magistrate has applied his mind and prima facie satisfied with

    regard to the commission of cognizable offence.

    13.The Hon’ble Supreme Court in a judgment reported in 2025 SCC

    Online SC 1514 (Anurag Bhatnagar and another Vs. State (NCT of Delhi)

    and another ) in Paragraph No.32 has held as follows:

    “32.In the facts and circumstances of the case, as the
    informant had directly moved the Magistrate under Section 156(3)
    of the Cr.P.C without exhausting his statutory remedies, the
    Magistrate could have avoided taking action on the said application
    and could have refused to direct for the registration of the FIR.
    However, as entertaining an application directly by the Magistrate
    is a mere procedural irregularity and since the Magistrate in a
    given circumstance is otherwise empowered to pass such an order,
    the action of the Magistrate may not be illegal or without
    jurisdiction. “

    14.In view of the judgment of the Hon’ble Supreme Court, it is clear

    that even if an application under Section 156(3) Cr.P.C is not accompanied by

    an affidavit that would only result in procedural irregularity and it cannot be

    termed to be illegal or without jurisdiction. That apart, merely because a

    complainant is not exhausting the other statutory remedy like approaching the

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    superior officer, that would not take away the jurisdiction of the Judicial

    Magistrate to pass orders under Section 156(3) Cr.P.C. and any order passed

    by him would only be irregular and not illegal or without jurisdiction. In such

    view of the matter, the contention of the learned counsel appearing for the

    petitioners that the application filed by the defacto complainant under Section

    156(3) of Cr.P.C without a sworn affidavit or without exhausting the other

    statutory remedy is illegal, cannot be countenanced, especially in the light of

    the judgments of the Hon’ble Supreme Court cited supra.

    15.In the present case, a perusal of the application filed under Section

    156(3) Cr.P.C before the Judicial Magistrate clearly reveals that it is filed in

    the form of an sworn affidavit and therefore, the contention of the petitioners

    have to be rejected even assuming that filing of an affidavit is mandatory.

    16.The learned Judicial Magistrate after applying his mind and

    exercising his jurisdiction has passed an order under Section 156(3) Cr.P.C

    directing the police authorities to consider the complaint and register an F.I.R

    and in such circumstances, the police authorities does not have any discretion

    whatsoever except to register an F.I.R. Whether a cognizable offence is made

    out or not has already been taken into consideration by the Judicial

    Magistrate and only thereafter, an order under Section 156(3) has been

    passed. In such circumstances, the registration of the F.I.R by the concerned

    police official cannot be found fault with or it does not get vitiated by some

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    alleged irregularities in passing an order under Section 156(3) Cr.P.C. In such

    circumstances, merely on the ground that there was some irregularities as

    contended by the learned counsel for the petitioners in passing an order under

    Section 156(3) Cr.P.C, an F.I.R or charge sheet do not get vitiated and they

    are not liable to be quashed on the said ground.

    17.The learned counsel appearing for the petitioners has contended that

    the petitioners have been charged over several offences and the ingredients

    have not been satisfied. This Court has gone through the charge sheet. The

    first petitioner is said to have threatened the husband for transferring the

    property and she is said to have offered an Ayurvedic Decoction which has

    caused stomach pain to the defacto complainant. The defacto complainant has

    been locked in the room. He had been rescued by the neighbours. According

    to the charge sheet, the Ayurvedi Decoction contains ant killer power and 20

    sleeping tablets. Whether the defacto complainant had properties or not is a

    matter of trial. Whether the defacto complainant was really locked in a room

    and whether he was administered with the poison or not cannot be decided on

    the basis of medical records without cross examination of the concerned

    doctor.

    18.In such circumstances, this Court is of the considered opinion, when

    the charge sheet reveals a prima facie case, cognizable offence as against the

    petitioners herein, this Court cannot interfere at this stage and quash the

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    criminal proceedings.

    19.In view of the above said facts, there are no merits in the petition

    and the same stands dismissed. The trial Court is directed to dispose of the

    criminal proceedings without being influenced by any one of the observations

    made by this Court. Consequently, connected miscellaneous petitions are

    closed.

    
    
    
                                                                                                        18.03.2026
    
    
    
                         Internet : Yes/No
                         Index : Yes/No
                         NCC        : Yes/No
                         msa
    
    
    
                         To
    
                         1.The Judicial Magistrate
                         Uthamapalayam
    
                         2.The Inspector of Police
                         Uthamapalayam Police Station
                         Theni District
                         Crime No.1791 of 2020
    
                         3.The Additional Public Prosecutor
                         Madurai Bench of Madras High Court,
                         Madurai
    
    
    
    
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                                                                                 Crl.OP(MD).No.7727 of 2024
    
    
    
    
                                                                                R.VIJAYAKUMAR, J.
    
    
                                                                                                      msa
    
    
    
    
                                                           Crl.OP(MD).No. 7727 of 2024
                                                                                     and
                                             Crl.MP(MD).Nos.5380 of 2024 & 1773 of 2026
    
    
    
    
                                                                                             18.03.2026
    
    
    
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