Madras High Court
Kandhasamy vs The Inspector Of Police on 10 December, 2021
Crl.O.P.No.23098 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.12.2021
CORAM :
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
Crl.O.P.No.23098 of 2017
and
Crl.M.P.Nos.13432 & 13433 of 2017
Kandhasamy ... Petitioner
Vs.
1.The Inspector of Police,
North Police Station,
Tiruppur,
Tiruppur District.
2.J.Habeeb
Sub-Inspector of Police,
Tiruppur North Police Station,
Tiruppur. ... Respondents
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call
for the records relating to final report in P.R.C.No.29 of 2015 (Tiruppur
North PS Crime No.852 of 2015) on the file of the Judicial Magistrate No.1,
Tiruppur, and quash the same in so far as the petitioner is concerned.
Page 1 of 8
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.23098 of 2017
For Petitioner : Mr.S.Doraisamy
For R1 : Mr.R.Kishore Kumar
Government Advocate (Crl. Side)
For R2 : Notice sent – Service awaited
ORDER
This Criminal Original Petition has been filed to quash the final report
in P.R.C.No.29 of 2015 on the file of the Judicial Magistrate No.1, Tiruppur.
2.The case of the prosecution is that, on 01.08.2015 at about 05.30
a.m., due to previous enmity against one Needhirajan, the accused 1 to 5
assembled at Tiruppur New Bus Stand with deadly weapons and were
preparing to murder the said Needhirajan and commit dacoity in his house.
However, it was thwarted by the 2nd respondent/Sub-Inspector of Police
(L.W.1), thereby, the accused have been prosecuted for the offences under
Sections 399 and 402 IPC.
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Crl.O.P.No.23098 of 2017
3.The petitioner before this Court is A2.
4.The learned Senior Counsel for the petitioner submitted that, L.W.1
is none other than the Sub-Inspector of Police, and except him, no other
witness has supported the case of the prosecution. Therefore, it is highly
improbable to say that the accused conspired and made preparation to
commit dacoity. In support of his submissions, the learned Senior Counsel
relied upon the judgment of the Hon'ble Apex Court in the case of Chaturi
Yadav and others v. State of Bihar [AIR 1979 SC 1412] and contended
that, mere assembling in an isolated place will not constitute the offence
under Sections 399 and 402 IPC. Therefore, the learned Senior Counsel
submitted that the entire prosecution is nothing but an abuse of process of
law and is liable to be quashed.
5.Heard the learned counsel on either side and perused the entire
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Crl.O.P.No.23098 of 2017
materials available on record.
6.At the outset, I am unable to persuade myself to accept the
submissions made by the learned Senior Counsel for the petitioner. The
prosecution has recorded the statements of many witnesses. The crux of the
prosecution charges is that, due to previous enmity, in order to do away with
the said Needhirajan and to commit dacoity from this house, the accused
assembled in the early morning hours on 01.08.2015, with deadly weapons
and some of the accused were caught red-handed. The statements available
on record also clearly show that some of the independent witnesses have
also given their statements. Whether the assembly of the accused herein
falls within the definition of Section 399 IPC and whether the offence is
made out or not, has to be decided by the trial Court by appreciation of
evidence. This Court, while exercising jurisdiction under Section 482
Cr.P.C. cannot conduct a roving enquiry nor appreciate the evidentiary value
of the statements recorded during investigation and decide the matter at this
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Crl.O.P.No.23098 of 2017
stage itself. It is the domain of the trial Court to appreciate the facts and
come to a conclusion as to whether the charges leveled against the accused
are proved or not.
7.The judgment relied upon by the learned Senior Counsel, arose on
appeal, wherein, the Hon'ble Apex Court, has set aside the conviction. In the
said case, the trial has seen its logical end and the Hon'ble Apex Court has
re-appreciated the evidence and interfered with the judgment of the High
Court. Merely because the Hon'ble Apex Court has set aside the judgment
passed by the High Court confirming the conviction and sentences passed by
the trial Court for the offences under Sections 399 and 402 IPC, in an
appeal, that cannot be a ground to quash the entire prosecution on hand by
exercising powers under Section 482 Cr.P.C. at a pre-trial stage itself.
8.However, all the accused are at liberty to raise all their defence
before the trial Court. The trial Court shall decide the issues on its own
merits, and dispose the case as expeditiously as possible.
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Crl.O.P.No.23098 of 2017
9.With the above observations, this Criminal Original Petition is
dismissed. Consequently, connected miscellaneous petitions are closed
10.12.2021
Internet : Yes
Index : Yes / No
mkn
To
1.The Judicial Magistrate No.1,
Tiruppur.
2.The Inspector of Police,
North Police Station,
Tiruppur,
Tiruppur District.
3.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.23098 of 2017
N. SATHISH KUMAR, J.
mkn
Crl.O.P.No.23098 of 2017
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.23098 of 2017
10.12.2021
https://www.mhc.tn.gov.in/judis
