The Madras High Court has quashed an FIR registered against an Australian citizen and Overseas Citizen of India (OCI) cardholder over an allegation that he had voted in the 2026 Tamil Nadu Assembly election. Justice G.K. Ilanthirayan found that the material placed before the Court did not establish that the petitioner had cast the vote attributed to him.
Background
The petition was filed by Chandirasekar challenging FIR in Crime No.306 of 2026, registered at R5 Virugambakkam Police Station, Chennai, under Sections 172, 318(2) and 337 of the Bharatiya Nyaya Sanhita, 2023, read with Section 31 of the Representation of the People Act.
According to the prosecution case, Chandirasekar is an Australian citizen holding an Australian passport as well as an OCI card. He had earlier surrendered his Indian passport. The allegation arose after he was noticed with traces of indelible ink on his left index finger while leaving India on May 13, 2026. He was alleged to have voted at Avichi Higher Secondary School in the 22-Virugambakkam Assembly Constituency on April 23, 2026.
The petitioner, however, denied casting the vote and stated that he was at his sister’s residence in Trichy on the relevant date. He also relied upon CCTV footage in support of his claim.
Justice Ilanthirayan noted that the petitioner possessed a Voter ID card for the Erode Constituency, whereas the alleged vote was said to have been cast in the Virugambakkam Constituency. The Court further noted that the police had sought CCTV footage from the polling location, but the request was still pending.
The Court also found that the complaint appeared to have proceeded on the assumption that two persons with similar names were the same individual.
“It is also seen that the second respondent mechanically presumed that the name of Chandrasekaran Ragupathi, i.e., the person who cast his vote in the 22-Virugampakkam Assembly Constituency, and the name of the petitioner, i.e., Chandirasekhar Ragupathy, are one and the same, and construed that they are the same person.”
The High Court held that there was no material showing that the petitioner had actually cast his vote in the Virugambakkam Assembly Constituency. It therefore concluded that continuing the investigation would serve no useful purpose.
“In view of the above discussions, no purpose would serve if the first respondent is allowed to continue the investigation and to file final report. Hence, the FIR in Crime No.306 of 2026 on the file of the first respondent, is hereby quashed and the Criminal Original Petition stands allowed. "
Consequently, connected miscellaneous petition is closed.
