Madras High Court
M.S.Granite vs The State Through on 29 November, 2021
Crl.R.C(MD)No.964 of 2021
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT
Reserved on : 16.02.2022
Pronounced on : 21.02.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C(MD)No.964 of 2021
and
Crl.M.P(MD)No.11698 of 2021
1.M.S.Granite,
Represented by its Proprietor,
No.2/503, Gross Street,
6th Main Road, Gomathipuram,
Madurai.
2.S.Sankara Narayanan
3.Sri Iswarya Rock Export,
Amman Kovil Patti,
Share Person PKM Selvam Moolamga,
Veerakaliyamman Kovil near,
Keelavalvu,
Melur Taluk,
Madurai.
4.M.PKM Selvam
5.R.Ragu
6.B.Sasikumar
7.A.Mathavan (died)
8.A.Joseph John
9.K.Ibrahim ... Revision Petitioners/Respondents/
Accused Nos.1 to 9
Vs.
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Crl.R.C(MD)No.964 of 2021
The State through,
The Deputy Superintendent of Police,
Melur Sub Division,
Madurai District.
(Keelavalavu Police Station
in Crime No.187 of 2012) .... Respondent
PRAYER: Criminal Revision Case filed under Section 397 read with
Section 401 of the Code of Criminal Procedure, against the
impugned order passed by the learned Special Court to Deal with
the cases of Offences in Contravention of the Provisions of the Mines
and Minerals (D & R) Act, Madurai in Cr.M.P.No.665 of 2021 in
Spl.SC.No.24 of 2021, dated 29.11.2021.
For Petitioners : Mr.Niranjan S.Kumar
For Respondent : Mr.S.Ravi
Additional Public Prosecutor
ORDER
This Criminal Revision Case is arising out of the order passed
in Cr.M.P.No.665 of 2021 in Spl.SC.No.24 of 2021 on the file of the
Special Court to Deal with the cases of Offences in Contravention of
the Provisions of the Mines and Minerals (D & R) Act, Madurai, dated
29.11.2021, thereby allowed the petition filed by the respondent to
open the case describing the charges brought against the accused
by filing the additional documents enumerated in the petition.
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Crl.R.C(MD)No.964 of 2021
2. The petitioners are A1 to A9. The respondent registered the
case as against the petitioners in Crime No.187 of 2012 for the
offences under Section 120(B) of I.P.C and Section 6 r/w 3(a), 4(a),
4(b) and 5(a) of the Explosive Substances Act, 1908. After
completion of investigation, the respondent filed a final report and
the same has been taken cognizance in Spl.SC.No.24 of 2021 on
the file of the Special Court to Deal with the cases of Offences in
Contravention of the Provisions of the Mines and Minerals (D & R)
Act, Madurai.
3. The learned counsel appearing for the petitioners would
submit that the provision under Section 173(5) of the Code of
Criminal Procedure, mandates that the Police Officer, concluding his
enquiry, ought to have submitted all the relevant documents which
are essential to incriminating the accused, by way of final report.
The provision is clear that the interpretation given by the Court
below is contrary to law. Further, the provision under Section 173 of
Cr.P.C is clear that the intend of the legislature is clear and they
have made the provision as a whole and it is self-explanatory.
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Crl.R.C(MD)No.964 of 2021
4. The learned counsel appearing for the petitioners would
further submit that the F.I.R came to be registered in the year 2012
and after a lapse of 8 years, the respondent completed the
investigation and filed final report. It contains documents,
statement of witness and the trial Court had taken cognizance.
Thereafter, the copies were also served as contemplated under
Section 207 of Cr.P.C. Therefore, at the time of evidence, the
respondent filed the petition to mark additional documents that too
quoting the wrong provision under Section 231(1) of Cr.P.C without
giving an opportunity to deal with the documents. No innocent
should be punished and the duty is cast upon the prosecution to
establish the incriminating material by oral and documentary
evidence and supposed to prove the case against the accused
beyond reasonable doubt. The Article 21 of the Constitution of India
guarantees a right on the accused in order to ensure a free and fair
trial. Therefore, the additional documents filed by the respondent
cannot be accepted and it causes prejudice to the accused.
5. Per contra, the learned Additional Public Prosecutor filed the
counter-affidavit and submitted that after registration of F.I.R
against the petitioners in Crime No.187 of 2012, completed the
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Crl.R.C(MD)No.964 of 2021
investigation and filed a final report. On the investigation, examined
24 witnesses and collected sufficient documents and filed in the
form of final report. The same has been taken cognizance by the
trial Court to frame charges against the accused. The prosecution
has filed 12 copies of the documents and the original documents
were already filed in Crime No.196 of 2012 and it is pending
committal in P.R.C.No.22 of 2021. At the time of filing final report,
the Investigating Officer inadvertently failed to annex 12 documents
along with the final report. On scrutiny of entire records, it came to
understand about the documents which are very essential to
establish the case of the prosecution. All the documents are
available in the Case Diary and have only been missed to be filed
before the trial Court. Further, all the documents are public
documents and there is absolutely no prejudice to be caused to the
accused persons, if those documents are allowed to be marked on
the side of the prosecution.
6. Heard the learned counsel appearing for the petitioners and
the learned Additional Public Prosecutor appearing for the
respondent and perused the entire materials available on record.
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Crl.R.C(MD)No.964 of 2021
7. On a perusal of the materials available on record revealed
that the complainant, one Chandra Murugesan, lodged a complaint
on 02.09.2012 alleging that on 02.09.2012 at about 11.00 a.m., on
information, the complainant along with his team including sniffer
dog went to Ishwarya Granites near Veerakaliyamman Kovil,
Keelavalavu and searched with the help of EVD instrument and
sniffer dog and found explosives (approximately 3 kgs of gun
powder) in the south east of Ishwarya granites in the small shed. It
was seized and handed over to the Keelavalavu Police Station and
lodged the complaint. On the complaint, the case has been
registered against the petitioners for the offence under Sections 4
and 5(a) of the Explosive Substances Act, 1908. The Investigating
Officer took up the investigation and had sent the gun powder to
the Forensic Science Department. On the certificate issued by the
Forensic Science Department, dated 26.11.2012, found that when
exploded may endanger human life and properties. The
Investigating Officer, after examining 24 witnesses and collecting
sufficient documents, filed final report and the same has been taken
cognizance in Spl.SC.No.24 of 2021. However, the documents which
are sought to be marked as additional documents were not annexed
along with the charge sheet. Therefore, the respondent filed a
petition under Section 231(1) of Cr.P.C to receive documents.
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Crl.R.C(MD)No.964 of 2021
8. The learned counsel appearing for the petitioners raised the
ground that only on further investigation, the additional documents
can be filed along with additional charge-sheet. The petition under
Section 231(1) of Cr.P.C is not at all applicable to receive the
additional documents. In this regard, the learned counsel appearing
for the petitioners relied upon the Judgment of the Honourable High
Court of Bombay, Nagpur Bench at Napur in the case of
Bhagyashree Prashant Wasankar Vs. The State of
Maharastra in Crl.W.P.No.688 of 2020, in which held that there
is no provision available for a witness to directly seek production of
additional documents during the course of sessions trial and at the
time of recording evidence. Permitting such production of additional
documents by the witnesses directly would prejudice the accused
persons by depriving them of a fair opportunity to prepare their
defence. The additional documents could be produced by following
the procedure of further investigation as contemplated under
Section 173(8) of Cr.P.C.
9. The learned counsel appearing for the petitioners also
relied upon the Judgment reported in (2021) 10 SCC 598 –
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Crl.R.C(MD)No.964 of 2021
Criminal Trials Guidelines Regarding Inadequacies and
Deficiences Vs. State of Andhra Pradesh and others, in which,
the Honourable Supreme Court of India held that while furnishing
the list of statements, documents and material objects under
Sections 207 and 208 of Cr.P.C, the Magistrate should also ensure
that a list of other materials should be furnished to the accused.
This is to ensure that in case the accused is of the view that such
materials are necessary to be produced for a proper and just trial,
she or he may seek appropriate orders, under Section 91 Cr.P.C for
their production during during the trial in the interest of justice.
Whereas in the case on hand, the documents sought to be produced
are as follows:-
Sl. Nature of Documents Date of Document Other
No. Document Pending in Remarks
1. Proceedings of the 03.07.17 Document Total Sheet
Superintendent of pending in – 1
Police Madurai District Keelavalavu
to appoint DSP Melur P.S.Cr.No.
Sub-Division as 196/20212
in-charge officer of the
above case in
C.No.C1/028222/SP-
MD/2017, dt:
03.07.2017
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Crl.R.C(MD)No.964 of 2021
2. G.O (3D) No.118 05.05.95 Document Total
Industries (MMB-1) pending in Sheet-4
Department for Grant keelavalavu
of lease to quarry Multi P.S.Cr.No.
Colour Granite to MS 196/20212
granites (item No.1)
company,Madurai.
3. Lease Agreement Deed 18.05.1995 Document Total
between District pending in Sheet-20
Collector and MS Keelavalavu
Granites Company P.S.Cr.No.
proprietor Shankara 196/20212
Narayanan. (item No.4)
4. A- Register of -- Document Total
Keelavalavu Village pending in Sheet-1
SF.No.267/2 regarding- Keelavalavu
Government land. P.S.Cr.No.
196/20212
(item No.
16)
5. Partnership Deed 01.04.01 Doument Total
betweem pending in Sheet-4
Shankaranarayanan Keelavalavu
and P.K.M Selvam for P.S.Cr.No.
Sri Aiswariya Rock 196/20212
Export. (item No.
12)
6. Mining Mate Certificate - Document Total
of Madhavan. pending in Sheet-1
keelavalavu
P.S.Cr.No.
196/20212
(item No.
21)
7. Order passed by the 08.11.2012 Pending in Total
Learned judicial the JM Sheet-1
Magistrate Melur to court Melur
Meenakshisundara
Nadar & sons
dated:-08.11.2012
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Crl.R.C(MD)No.964 of 2021
8. Reply given by 01.02.14 Pending in Total
Meenakshisundara the JM Sheet-1
Nadar & sons to the court Mellur
Learned Judicial
Magistrate Melur dt:
01.02.2014.
9. Order passed by 05.07.14 Pending in Total
learned Judicial the JM Sheet-1
Magistrate to Joint chief court Melur
controller of explosives
Chennai regarding safe
custody of the
explosives in D.No.2568
dt:05.07.2014.
10. Letter given by 12.07.14 Pending in Total
controller of explosives the JM Sheet-3
Chennai to General court Melur
Manager, Vellore.
11. Acknowledgment given 05.08.14 Pending in Total
by Chief Controller of JM court Sheet-1
Explosives Chennai Mellur
regarding under safe
custody of Tamilnadu
indl.Expl.Ltd Vellore.
12. Paper news - photo – - - Total
regarding destroying of Sheet-1
explosive substances
10. On perusal of those documents revealed that all are public
documents which were essential in the interest of justice to prove
the case of the prosecution. In fact, those documents were already
produced in pursuant to the final report filed in Crime No.196 of
2012 and it is pending for committal in P.R.C.No.22 of 2021, in
which, the petitioners are accused. That apart, the prosecution was
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Crl.R.C(MD)No.964 of 2021
permitted to file additional documents on the premise that nothing
in Cr.P.C would prohibit the prosecution in doing so after filing the
charge sheet. During the course of the trial, if the prosecution
thinks it necessary to file additional documents or the statements of
the witnesses, which may be material and therefore, seek to rely,
the sub-Section 173(8) of Cr.P.C does not prevent the prosecution
from filing such documents. But it certainly casts an obligation on it,
that when such documents are sought to be filed, the copies thereof
must be supplied to the accused in advance so that the defence may
not be taken by surprise and may be prepared to contradict or to
make use of the same. An omission to file documents with the
charge sheet is a mere irregularity under Section 465 of Cr.P.C.
Therefore, the Judgments cited by the learned counsel for the
petitioners are not helpful to the case on hand. That apart, the
documents which are sought to be placed before the trial Court
pertain to the previous investigation which are available in the Case
Diary and have only been missed to be filed before the trial Court. It
would not cause any prejudice to the petitioners.
11. In view of the above, this Court finds no infirmity or
irregularity in the order passed in Cr.M.P.No.665 of 2021 in
Spl.SC.No.24 of 2021 on the file of the Special Court to Deal with
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Crl.R.C(MD)No.964 of 2021
the cases of Offences in Contravention of the Provisions of the Mines
and Minerals (D & R) Act, Madurai, dated 29.11.2021 and this
Criminal Revision Case is dismissed. No costs. Consequently,
connected Miscellaneous Petition is closed.
21.02.2022
Index : Yes
Internet : Yes/No
ps
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Crl.R.C(MD)No.964 of 2021
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of
the order may be utilized
for official purposes, but,
ensuring that the copy of
the order that is presented
is the correct copy, shall
be the responsibility of the
advocate / litigant
concerned.
To
1.The Special Court to Deal with the cases
of Offences in Contravention of the Provisions
of the Mines and Minerals (D & R) Act,
Madurai.
2.The Deputy Superintendent of Police,
Melur Sub Division,
Madurai District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
4.The Record Keeper
Vernacular Section
Madurai Bench of Madras High Court.
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Crl.R.C(MD)No.964 of 2021
G.K.ILANTHIRAIYAN, J.
ps
Order made in
Crl.R.C(MD)No.964 of 2021
21.02.2022
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