High CourtsSingle Bench

V.Wilson And Others vs State And Others

Madras High Court · Decided on 22 April 2026 · Citation: (2026) 04 MAD CK 1430

HON’BLE JUDGES
M. Nirmal Kumar, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 109, 147, 148, 427, 447, 506(ii) · Tamil Nadu Property (Prevention Of Damage And Loss) Act, 1992 — Section 3
CASE NUMBER
Criminal Original Petition No. 10180 Of 2026, Criminal Miscellaneous Petition No. 7257 Of 2026
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Judgment

5 paragraphs · 286 words

M. Nirmal Kumar, J

1.

The petitioners herein, who are accused nos.7 and 8 facing trial in S.C.No.80 of 2024 on the file of the Additional Sub Judge, Tindivanam, for the alleged offences under sections 147, 148, 447, 427, 506(ii) and 109 IPC read with section 3 of the TNPPDL Act read with section 34 of IPC, have filed the present petition seeking to quash the criminal proceedings initiated against them.

2.

Heard the learned counsel for the petitioners. It is the contention of the learned counsel for the petitioner that the defacto complainant had encroached upon the OSR land in which there was a borewell and this borewell is catering to the need of water supply to the petitioners and others and when the defacto complainant was questioned regarding the same, a false complaint has been lodged against the petitioners. The learned counsel further submitted that accused nos.1to 6 have also filed a petition to quash the criminal proceedings in Crl.O.P.No.17640 of 2025 and this court had granted stay in favour of those accused and therefore, the learned counsel for the petitioners submitted that the same benefit may kindly be extended to the petitioners.

3.

Mr.Leonard Arul Joseph Selvam, learned Additional Public Prosecutor takes notice for the first respondent.

4.

Considering the submissions made by the learned counsel for the petitioners and on perusing the materials available on record, this court finds force in the submission made by the learned counsel for petitioners. Hence, this criminal original petition is admitted. Issue notice to the second respondent returnable by 15.06.2026. Private notice is also permitted. List the matter on 15.06.2026 along with Crl.O.P.No.17640 of 2025. Interim stay insofar as the petitioners herein is granted till then.