Madras High Court
Madan Kumar vs State Rep. By on 11 January, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.01.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No.249 of 2021
and Crl.M.P Nos.121 & 123 of 2021
1.Madan Kumar,
S/o.Alagu.
2.Alagu,
S/o.Rama Thevar.
3.Mrs.Devakani,
W/o.Alagu. ... Petitioners
vs.
1.State rep. by
The Inspector of Police,
Selaiyur Police Station,
Chengalpet District.
2.R.Saravana Kumar,
S/o.Raju. ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to quash the entire charge sheet as against the
petitioners/accused No.1 to 3 pending trial in C.C.No.134 of 2019 pending
on the file of learned Judicial Magistrate, Tambaram.
For Petitioner : Mr.T.R.Ravi.
For R1 : Mr.C.Raghavan
Government Advocate (Criminal Side)
https://www.mhc.tn.gov.in/judis/
2
ORDER
This petition has been filed seeking to quash the proceedings in
C.C.No.134 of 2019 pending on the file of the learned Judicial Magistrate,
Tambaram.
2. The petitioners before this Court were arrayed as A1, A2 and A3 in
Crime No.2361 of 2015 for the offence under Section 294(b), 323, 427,
506(ii) IPC. The 1st respondent Police completed the investigation and filed
the final report and the same was taken on file in C.C.No.134 of 2019,on the
file of the learned Judicial Magistrate, Tambaram.
3.The learned counsel for the petitioner submitted that the dispute is
purely a family dispute between the husband and wife and there are no
ingredients to show the offence under Section 294(b), 323, 427 and 506(ii) of
IPC.
4.The grounds raised by the counsel for the petitioners are all factual
in nature and it requires appreciation of evidence and this Court cannot
decide the same in exercise of its jurisdiction under Section 482 of Criminal
Procedure Code. It is left open to the petitioners to raise all the grounds
before the Court below and the same shall be considered on its own merits
and in accordance with law. This Court is not inclined to interfere with the
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proceedings pending before the Court below.
5.The learned counsel for the petitioners requested this Court to
dispense with the presence of the petitioners. Taking into consideration, the
facts and circumstances of the case, the presence of the 2nd and 3rd petitioners
is dispensed with and they shall be represented by a counsel, who shall cross
examine the witnesses on the same day, they are examined in Chief. The 2nd
and 3rd petitioners shall be present before the Court below at the time of
questioning under Section 313 Cr.P.C and at the time of passing of the final
judgment.
6. Accordingly, this Criminal Original Petition is disposed of with a
direction to the Court below to complete the proceedings in C.C.No.134 of
2019 within a period of three months from the date of receipt of copy of this
order. Consequently, connected miscellaneous petitions are closed.
11.01.2021
Index : Yes/No
Internet : Yes/No
rm
https://www.mhc.tn.gov.in/judis/ N.ANAND VENKATESH.J.,
rm
To
1. The Inspector of Police,
Selaiyur Police Station,
Chengalpet District.
2. The Public Prosecutor,
High Court of Madras,
Madras.
Crl.O.P No.249 of 2020
and Crl.M.P Nos.121 & 123 of 2021
11.01.2021
https://www.mhc.tn.gov.in/judis/
