R.Ramakrishnan vs The State
2021 Latest Caselaw 22569 Mad

                                                                                    Crl.O.P. No.6785 of 2017

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 17.11.2021

                                                         CORAM

                                  THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

                                                 Crl.O.P.No.6785 of 2017
                                           and Crl.M.P.Nos.4964 & 4965 of 2017

                R.Ramakrishnan                                                        ...Petitioner

                                                            Vs.
                1.The State
                  Rep. by The Inspector of Police
                  Dharapuram Police Station,
                  Tirupur District.
                2.S.Balamani                                                          ...Respondents

                PRAYER: Criminal Original Petition filed under Section 482 of Criminal
                Procedure Code, to call for the records in C.C.No.257 of 2015 on the file of the
                Judicial Magistrate Court at Dharapuram and quash the same.
                                    For Petitioner                : Mr.K.Myilsamy
                                    For Respondents               : Mr.S.Vinoth Kumar
                                                                    Government Advocate for R1
                                                                    R2-No appearance

                                                        ORDER

This Criminal Original Petition has been filed to quash the charge sheet

filed under Sections 294(b), 323, 506(ii) of IPC r/w Section 4 of Tamil Nadu

Prohibition of Harassment of women Act, 1998.

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

Crl.O.P. No.6785 of 2017

2. Heard the learned counsel for the petitioner and the learned counsel for

the first respondent. There is no appearance on behalf of the second respondent.

3. The main contention of the learned counsel for the petitioner is that

there is no materials unearthed during the investigation to attract any of the

offences against the present petitioner. It is his further contention that the

present petitioner was not at all present at the time of alleged scene of

occurrence and he has been unnecessarily arrayed as an accused. The entire

materials found in the FIR and final report indicate that A4 allegedly caused

hurt on the witness one Balamani and caused simple injuries is vague and

uncertain. Therefore his contention is that there is no material of evidence

available on record cannot be considered at this stage.

4. In view of the above, this Court is of the prima facie view that the

allegation against the petitioner herein that he was present at the time of

occurrence or not cannot be gone into under Section 482 of Cr.P.C., and it is left

open to the petitioner to establish his stand before the trial Court.

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

Crl.O.P. No.6785 of 2017

5. The learned counsel for the petitioner requested this Court to dispense

with the presence of the petitioner. Taking into consideration, the facts and

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

he shall be represented by a counsel, who shall cross examine the witnesses on

the same day, they are examined in Chief. The petitioner 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. In such a view of the matter, this Court is of the view that quashing

of the case cannot be considered, at this point of time. Accordingly, this

Criminal Original Petition is dismissed with a direction to the Court below to

complete the proceedings in C.C.No.257 of 2015 on the file of the Judicial

Magistrate Court at Dharapuram as expeditiously as possible. Consequently

connected miscellaneous petitions are closed.

17.11.2021 Index: Yes/No Internet: Yes/No msv

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

Crl.O.P. No.6785 of 2017

N. SATHISH KUMAR, J

msv

Crl.O.P.No.6785 of 2017 and Crl.M.P.Nos.4964 & 4965 of 2017

17.11.2021

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