N.Kumar vs The State Of Tamil Nadu
2021 Latest Caselaw 12492 Mad

                                                                                     Crl.O.P.No.4845 of 2018


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 28.06.2021

                                                             CORAM

                                    THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                    Crl.O.P.No.4845 of 2018
                                                and Crl.M.P.No.2402 & 2403/2018

                     N.Kumar                                                        ... Petitioner

                                                                Vs.

                     1.The State of Tamil Nadu
                       rep.by the Inspector of Police,
                       T-15, SRMC Police Station,
                      Chennai.

                     2.Arunachalam                                                    ... Respondent

                     Prayer:

                                   Petition filed under Section 482 of Cr.P.C., to call for the records

                     pertaining to the case in C.C.No.216 of 2009 on the file of the Judicial

                     Magistrate I, Poonamallee and quash the same in so far as the Charge Sheet

                     against the petitioner/2nd accused is concerned.


                                        For Petitioner      : Mr.C.K.M.Appaji
                                        For Respondent      : Mr.A.Gopinath, Government Advocate
                                                              (Crl.Side)

                     1/5

https://www.mhc.tn.gov.in/judis/
                                                                                   Crl.O.P.No.4845 of 2018



                                                         ORDER

The petitioner has filed this petition seeking to call for the records

and to quash the proceedings in C.C.No.216 of 2009, on the file of the

Judicial Magistrate I, Poonamallee.

2. The case of the prosecution is that the defacto complainant was the

President of Porur Town Panchayat and the petitioner is the editor of the

monthly magazine Thalai Nagaram. During February 2009, the petitioner

along with one Jayaveeran had approached the defacto complainant and

demanded money for not to publish the article regarding his illegal sand

mining activity and he continuously harassing the defacto complainant by

citing the same reason and demanded huge money. Hence the defacto

complainant has lodged a police complaint and the FIR was registered in

Cr.No.299 of 2009, against the accused persons and also filed a Charge

Sheet in C.C.No.216 of 2009, on the file of the Judicial Magistrate I,

Poonamallee.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.4845 of 2018

3.The learned counsel appearing for the petitioner submitted that the

offences framed against the petitioner are mechanically foisted and he has

not committed any chargeable offence as alleged by the prosecution and

therefore, the Charge Sheet is perse illegal and un-sustainable.

4. The learned Government Advocate (Crl.Side) submitted that this

issue involves adjudication on disputed question of facts and therefore, if

some outer time limit is given, the Criminal Case may be given disposal as

early as possible.

5.The contention of the learned counsel appearing for the petitioner is

that he has been wrongly implicated in this case and the offences framed

against him are highly improbable. As the issue involves adjudication

before the Trial Court, the complaint lodged by the complainant cannot be

quashed and further the issue raised is a triable issue which has to be

decided by the Trial Court after trial.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.4845 of 2018

6.Hence, I am not inclined to interfere with the proceedings in

C.C.No.216 of 2009 on the file of the Judicial Magistrate I, Poonamallee.

7.It is now represented by the learned counsel appearing for the

petitioner that without going into the merits of the case, it would suffice, if

this Court issues direction to the Trial Court to expedite the trial and

complete the same as early as possible. He further submitted that the

appearance of the petitioner before the Trial Court may be dispensed with.

8.In view of the above, this Court directs the learned Judicial

Magistrate I, Poonamallee. to expedite the trial in C.C.No.216 of 2009 and

complete the same, as expeditiously as possible. The appearance of the

petitioner before the Trial Court is dispensed with. However, this order will

not stand on the way of the Trial Court to insist for the appearance of the

petitioner for receiving copies under Section 207 of Cr.P.C., framing of

charges, questioning under Section 313 of Cr.P.C. and judgment and as and

when the Trial Court feels it necessary.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.4845 of 2018

9.With the above directions, this criminal original petition is disposed

of. Consequently, connected miscellaneous petition in

Crl.M.P.No.1402/2018 is closed and Crl.M.P.No.2403/2018 is ordered.

28.06.2021 sk

Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No

To

1.The Inspector of Police, T-15, SRMC Police Station, Chennai.

2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.4845 of 2018

M.DHANDAPANI,J.

sk

Crl.O.P.No.4845 of 2018

28.06.2021

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