Indira Priyatharshini @ ... vs The Sub Inspector Of Police
2021 Latest Caselaw 3028 Mad

                                                                                Crl. O.P. No.21548 of 2017

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 09.02.2021

                                                       CORAM

                         THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                Crl.O.P.No.21548 of 2017
                                         and Crl.MP.Nos.12665 & 12666 of 2017

                1. Indira Priyatharshini @ Priyatharshini

                2. Subramanian                                                          ... Petitioners

                                                         Vs.

                1. The Sub Inspector of Police,
                Tiruvennainallur Police Station,
                Ulundurpet Taluk,
                Villupuram District.
                Crime No.138 of 2017

                2. Chenbagadevi                                            ... Respondents


                Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call

                for the records in STC.No.131 of 2017 on the file of the learned Judicial

                Magistrate-II, Ulundurpet and quash the same.



                          For Petitioners    : Mr.R.Ganesh Kumar

                          For Respondents : Mr.M.Mohamed Riyaz,         R1
                                           Additional Public Prosecutor

                                              Mr.K.Sudhakar              R2
https://www.mhc.tn.gov.in/judis/




                1
                                                                               Crl. O.P. No.21548 of 2017



                                                       ORDER

This petition has been filed to quash the proceedings in STC.No.131 of

2017 on the file of the learned Judicial Magistrate-II, Ulundurpet.

2. The case of the prosecution is that there was a prior dispute between

the accused persons and the husband of the second respondent. On 04.03.2017

at about 12.00 hours, the accused persons are said to have barged into the house

of the second respondent and abused all the family members and also attacked

them, A complaint was given on both sides as a case in counter and it was

registered in Crime Nos.137 and 138 of 2017. On investigation, since the

Investigating Officer was not able to find out the aggressor, final report was

filed in both the cases and the same has been taken on file in S.T.C.Nos.131 and

132 of 2017, by the Court below. The present petition has been filed to quash

the proceedings in STC.No.131 of 2017.

3. Heard Mr.R.Ganesh Kumar, learned counsel for the petitioner,

Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor for the respondent

Police and Mr.K.Sudhakar, learned counsel for the second respondent.

4. On going through the records and after considering the submissions

made on either side, it is seen that there are several factual issues which will https://www.mhc.tn.gov.in/judis/

Crl. O.P. No.21548 of 2017

require a finding only on appreciation of evidence. Even the investigating

Officer was not able to come to a conclusion as to who was the aggressor in the

present case. Therefore, the final report was filed in both the FIRs' and the

Court below has taken cognizance of both the final reports.

5. In view of the above, the Court below will have to conduct the

proceedings in both the cases in S.T.C.Nos.131 and 132 of 2017 in accordance

with the guidelines issued in the judgment of the Hon'ble Supreme Court in

Nathilal Vs.State of Uthar pradesh reported in 1990 SCC Crl. 638. Useful

reference can also be made to the judgment of this Court in Ganesan Vs. State

of Tamil Nadu reported in 2011 (5) CTC 747 (Page 33 to 34). The issues raised

by either side are factual in nature. Therefore, this Court does not want to give

any finding to any of the issues and it is left open to the parties to raise the same

before the Court below and the same will be considered on its own merits and in

accordance with law.

6. The learned counsel for the petitioners requested for dispensing with

the appearance of the first petitioner. Taking into consideration the facts and

circumstances of the case, the presence of the first petitioner is dispensed with

and she shall be represented by a counsel before the Court below. The counsel

representing the first petitioner shall cross examine the witnesses on the same https://www.mhc.tn.gov.in/judis/

Crl. O.P. No.21548 of 2017

day and and they are examined in chief, and the first petitioner shall not dispute

the identity of any witnesses. The first petitioner shall be present before the

Court below at the time of questioning under Section 313 of Cr.P.C. and at the

time of passing the final judgment.

7. In the result, this Criminal Original Petition is disposed of with a

direction to the Court below to complete the proceedings in S.T.C Nos.131 &

132 of 2017 within a period of three months from the date of receipt of a copy

of this order. Consequently, connected miscellaneous petitions are closed.

09.02.2021

Speaking Order/Non-speaking Order

Index :Yes/No

Internet:Yes/No

rli

https://www.mhc.tn.gov.in/judis/

Crl. O.P. No.21548 of 2017

To

1. The Judicial Magistrate-II, Ulundurpet

2. The Sub Inspector of Police, Tiruvennainallur Police Station, Ulundurpet Taluk, Villupuram District.

3.The Public Prosecutor High Court of Madras Chennai – 600 104.

https://www.mhc.tn.gov.in/judis/

Crl. O.P. No.21548 of 2017

N.ANAND VENKATESH,J.

rli

Crl.O.P.No.21548 of 2017 and Crl.MP.Nos.12665 & 12666 of 2017

https://www.mhc.tn.gov.in/judis/ Dated : 09.02.2021