Madras High Court
Kalaiselvi vs The Station House Officer on 23 November, 2021
Crl. O.P. No. 20220 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 23.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl. O.P. No. 20220 of 2017
1.Kalaiselvi
2.Umadevi . . . Petitioners
Versus
The Station House Officer,
Thirunallar Police Station,
Karaikal . . . Respondent
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to
quash the Charge Sheet No.69 of 2015 dated 26.08.2015 on the file of the
Hon'ble Judicial Magistrate-II Court, Karaikal, Puducherry.
For Petitioners : Mr.V.Ajayakumar
For Respondent : Mr.V.Balamurugane
Additional Public Prosecutor
(Pondicherry)
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Crl. O.P. No. 20220 of 2017
ORDER
This Criminal Original Petition has been filed to quash the Charge Sheet
No.69 of 2015, dated 26.08.2015, on the file of the Judicial Magistrate-II,
Karaikal, Puducherry.
2.It is the contention of the learned counsel appearing for the
petitioners/A3 and A4 that the petitioners are no way connected with the
offences. They came out from their house while the de facto complainant was
chasing A1 and A2. Therefore, in the absence of any evidence linking these
petitioners with A1 and A2, they cannot be prosecuted, hence, the learned
counsel prayed for quashing the entire final report as against A3 and A4, the
petitioners herein.
3.Heard the learned counsel on either side and perused the materials
available on record.
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Crl. O.P. No. 20220 of 2017
4.The main charge of the prosecution is that, A1 and A2 were involved in
theft of minerals, namely sand. While the Village Administrative Officer
(V.A.O.) and Government Servants chased them, they took away the tractor.
While, chasing A1 and A2, A3 also came out from their house in support of A1
and A2 and abused and threatened the Government servants. The statements
recorded on the side of the prosecution clearly indicate that there are serious
allegations also made against the petitioners for abusing and threatening.
5.In such view of the matter, this Court, while sitting under Section 482
Cr.P.C, cannot go into the evidentiary value of the statements recorded under
Section 161 Cr.P.C. It is to be tested only before the trial Court. Accordingly,
this Court is not inclined to quash the final report at this stage. Therefore, this
Criminal Original Petition is dismissed.
6.At this stage, the learned counsel appearing for the petitioners seeks
indulgence of this Court to grant an order dispensing with the personal
appearance of the petitioners. Accordingly, the personal appearance of the
petitioners/A3 and A4 before the trial Court is dispensed with, except for
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Crl. O.P. No. 20220 of 2017
receipt of copies, answering the charges, questioning under Section 313
Cr.P.C., passing of judgment, or on any other date as may be required by the
trial Court.
23.11.2021
Index : Yes / No
Internet: Yes
Speaking/non speaking order
psa/mkn
To
1.The Judicial Magistrate-II,
Karaikal, Puducherry.
2.The Station House Officer,
Thirunallar Police Station,
Karaikal.
3.The Public Prosecutor,
Pondicherry.
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Crl. O.P. No. 20220 of 2017
N. SATHISH KUMAR, J.
psa/mkn
Crl. O.P. No. 20220 of 2017
23.11.2021
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