Madras High Court
D.Ben Robins vs State Rep.By on 9 April, 2021
Crl.O.P.No.6887 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.04.2021
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.No.6887 of 2021
and
Crl.M.P.No.4571 of 2021
D.Ben Robins ... Petitioner
Vs.
State Rep.by
The Inspector of Police (Crime)
T9, Pattabiran Police Station
Chennai 600 072. ... Respondent
Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to set
aside the order dated 21.12.2020 passed in C.M.P.No.6015 of 2019 in
C.C.No.184 of 2017 on the file of the learned Judicial Magistrate No.II,
Tiruvallur.
For Petitioner : Mr.V.V.Sairam
For Respondent : Mr.M.Mohamed Riyaz,
Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis/
1/6
Crl.O.P.No.6887 of 2021
ORDER
This Criminal Original Petition has been filed to set aside the order
dated 21.12.2020 passed in C.M.P.No.6015 of 2019 in C.C.No.184 of 2017 on
the file of the learned Judicial Magistrate No.II, Tiruvallur.
2. The petitioner is the accused in C.C.No.184 of 2017, facing trial
for the offence under Sections 406, 420, 294(b) and 506(i) of IPC before the
Judicial Magistrate No.II, Tiruvallur, and now he has filed this Crl.O.P. against
the order passed by the trial Court in Crl.M.P.No.6015 of 2019.
3. The contention of the petitioner is that the respondent-Police
had filed 311 petition seeking to mark the two documents viz., i) Federal Bank
Statement of the petitioner and ii) another document in the name of Goodwill
Center. The above documents, which are intended to mark, were not referred to
either in the FIR or in 161 statement of PW1, which clearly shows that the
petition was filed under Section 311 only to fill up the lacuna. However, the
Trial Court allowed the said petition partly by permitting to mark the Bank
Statement.
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Crl.O.P.No.6887 of 2021
4. The learned counsel for the petitioner by relying on the
judgment of the High Court of Rajasthan submitted that filing of fresh
document arises only in case where subsequent charge sheet is filed in
pursuance of further investigation. However, it is not the case before this Court.
Hence, he prayed to set aside the order passed by the Court below.
5. The learned Additional Public Prosecutor has submitted that in
this case, the petitioner was charged and facing trial for the offence under
Sections 406, 420, 294(b) and 506(i) IPC. He further submitted that the
petitioner had conducted chit and cheated several persons. PW1 was examined
in part and the chief examination of PW1 is yet to be completed. During
investigation, the respondent-Police collected Bank Statement and Statement in
the name of Good Will School. Thereafter, they filed 311 petition to mark the
above documents and the same was objected by the petitioner herein. The trial
Court after hearing both sides has rightly marked the Bank Statement, which is
a public document. However, rejected the other document in the name of Good
Will School as no signature was found in it. Further, the petitioner has a chance
to cross examine PW1 and hence allowing the 311 petition will not affect the
petitioner herein in any way. Hence, he prayed to dismiss the present Crl.O.P.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.6887 of 2021
6. Considering the rival submissions, it is seen that PW1 was
examined in chief in part and even though the marking of the Bank Statement
was objected by the petitioner, the trial Court has rightly allowed to mark the
Bank Statement and rejected the other document. This Court finds no infirmity
or illegality in the order of the trial Court. Hence, this Court is inclined to
dismiss the Criminal Original Petition.
7. Accordingly, this Criminal Original Petition is dismissed.
However, since the Calender Case is of the year 2017, this Court directs the
Trial Court to complete the trial within a period of four months from the date of
receipt of a copy of this order. Consequently, connected Miscellaneous Petition
is also closed.
09.04.2021
Speaking Order/Non-speaking Order
Index :Yes/No
Internet:Yes/No
dna
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.6887 of 2021
To
1.The Judicial Magistrate No.II,
Thiruvallur.
2.The Inspector of Police (Crime)
T9, Pattabiran Police Station
Chennai 600 072.
3.The Public Prosecutor,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.6887 of 2021
M.NIRMAL KUMAR,J.
dna
Crl.O.P.No.6887 of 2021
and
Crl.M.P.No.4571 of 2021
09.04.2021
https://www.mhc.tn.gov.in/judis/
