Madras High Court
C.K.Raju vs The Inspector Of Police on 10 March, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.03.2021
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
CRL.O.P Nos.34566 of 2019 and 1888 of 2021
and Crl.MP.Nos.19161 & 19162 of 2019 and 1076 & 1077 of 2021
Crl.OP.No.34566 of 2019:
C.K.Raju
...Petitioner
Vs.
1. The Inspector of Police
J-3, Guindy Police Station,
Chennai-32
Crime No.2596 of 2017
2. Yovan
.. Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records in CC.No.2561 of 2019
for the alleged offence under Section 294(b), 324 and 506(i) of IPC on
the file of the IX Metropolitan Magistrate, Saidapet, Chennai filed by the
second respondent against the petitioner herein and quash the
proceedings.
For Petitioner : Mrs.M.Murugeswari
For Respondents : Mr.C.Raghavan R1
Government Advocate
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Crl.OP.No.1888 of 2021:
Yovan
...Petitioner
Vs.
1. The Inspector of Police
J-3, Guindy Police Station,
Chennai-32
2. C.K.Raju
.. Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records in CC.No.2059 of 2019
for the alleged offence under Section 294(b), 324 and 506(i) of IPC on
the file of the IX Metropolitan Magistrate, Saidapet, Chennai filed by the
second respondent against the petitioner herein and quash the
proceedings.
For Petitioner : Mr.M.Ganesan
For Respondents : Mr.C.Raghavan R1
Government Advocate
COMMON ORDER
The issues involved in both these cases are common and hence,
they are taken up together, heard and disposed of through this common
order.
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2. An incident took place on 17.10.2017, resulting in both the
parties having a wordy quarrel and attacking each other. Based on the
complaint given by both the parties, a case and counter was registered in
Crime Nos.2595 & 2596 of 2017. On completion of the investigation,
final report was filed in both the FIRs' for offences under Section 294(b),
324 and 506(i) of IPC.
3. Both the calender cases are challenged before this Court by the
respective parties seeking to quash the proceedings.
4. This Court has carefully considered the submissions made by the
learned counsel appearing for the respective parties.
5. The main issue that has been raised by the learned counsel
appearing on either side is that the case involves multiple complaints on
the same incident which is registered as a case and counter and the
Investigating Officer must investigate both the cases and find out the real
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aggressor and the final report should be filed against such aggressor.
However, in the present case, the respondent police did not take any
efforts to find out the real aggressor and mechanically, final report has
been filed in both the cases for the very same offence. Therefore, it was
argued that the criminal proceedings are liable to be interfered by this
Court. To substantiate this submission, the learned counsel relied upon
the judgment of this Court in [Kumar and others Vs. State by Inspector
of Police, Rasipuram Police Station, Namakkal District and another]
in 2019 4 MLJ Crl 445.
6. In the considered view of this Court, the respondent police has
investigated this case mechanically without taking any efforts to find out
the real aggressor. Surprisingly, final reports have been filed in both the
cases for the very same offence. In view of the same, entire investigation
is vitiated and both the proceedings are liable to the interfered by this
Court. The law on this issue, is well settled and the judgment relied upon
by the learned counsel on either side will squarely apply to the facts of the
present case.
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7. In the result, the proceedings in CC.Nos.2561 and 2059 of 2019
on the file of the IX Metropolitan Magistrate, Saidapet are hereby
quashed and both the Criminal Original Petitions are allowed accordingly.
Consequently, connected miscellaneous petitions are also closed.
10.03.2021
Index: Yes/No
Internet: Yes/No
rli
To
1. The Inspector of Police
J-3, Guindy Police Station,
Chennai-32
2. The Public Prosecutor,
High Court, Madras
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N.ANAND VENKATESH.J.,
rli
CRL.O.P Nos.34566 of 2019
and 1888 of 2021
and
Crl.MP.Nos.19161 & 19162 of 2019
and 1076 & 1077 of 2021
10.03.2021
http://www.judis.nic.in
