Madras High Court
Indrajith vs State Rep.By on 6 September, 2021
Crl.OP.No.5914/2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 06.09.2021
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
Crl.OP.No.5914/2015 & MP.NO.1/2015
[Video Conferencing]
1.Indrajith
2.Siddharthan ... Petitioners /
A1&A2
Versus
1.State rep.by
The Inspector of Police
R6 Kumaran Nagar Police Station
Saidapet, Chennai 600 015.
2.S.B.Muthukumaran ... Respondents
Prayer : - Criminal Original Petition filed under Section 482 of Cr.P.C., to
call for the records and quash the Final Report dated 17.11.2014 filed in
Crime No.461/2014 which is now culminated into CC.No.534/2015 now
pending on the file of the learned XXIII Metropolitan Magistrate Court,
Saidapet, Chennai600 015.
1
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Crl.OP.No.5914/2015
For Petitioner : Mr.Arvind Subramaniam
For R1 : Mr.E.Raj Thilak
Government Advocate
[Crl.Side]
For R2 : Mr.V.S.Rishwanth
Legal Aid Counsel for
Mr.P.Balamurugan
ORDER
(1) The petition has been filed taking advantage of Section 482 of Cr.P.C.,
seeking interference with the proceedings in CC.No.534/2015 now
pending on the file of the learned 23rd Metropolitan Magistrate,
Saidapet, Chennai.
(2) A1 and A2 in the said Calendar Case are before this Court.
(3) Even before entering into the discussions on the facts of the case, it is
to be pointed out that during previous hearing dates before this Court,
there was no appearance on behalf of the 2nd respondent / defacto
complainant. Therefore, by an order dated 09.03.2020, noting the
continuous absence on behalf of the 2nd respondent, a learned Single
Judge of this Court had, after following due process, appointed
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Crl.OP.No.5914/2015
Mr.V.S.Rishwanth, Advocate, as Legal Aid Counsel for the 2nd
respondent.
(4) Heard the arguments advanced by Mr.Arvind Subramaniam, learned
counsel for the petitioner ; Mr.E.Raj Thilak, learned Government
Advocate [Crl.Side] appearing for the 1st respondent and
Mr.V.S.Rishwanth, learned Legal Aid Counsel for the 2nd respondent
and also Mr.P.Balamurugan, learned counsel who had earlier filed
vakalat on behalf of the 2nd respondent and who is also present through
Video Conferencing.
(5) It is seen that the complaint which resulted in registration of FIR in
Crime No.401/2014 on 10.03.2014 was a direct sequence to taking
over, vacant possession of property pursuant to a decree in
OS.No.8592/2005 which decree was passed on 30.11.2011.
Thereafter, execution petition was also filed and possession was taken
from one Rajendran. He was one of the brothers of A1 and
A2/petitioners herein. He is today no more. He was in actual
possession. There was also a tenant in the said premises, viz., the 2nd
respondent/defacto complainant. While taking possession through the
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Crl.OP.No.5914/2015
Court Bailiff, the 2nd respondent/defacto complainant/tenant appears to
have been given a complaint that several items including cash and a
coat of the Advocate and various other items had also been taken away
during the said process which resulted in, as stated, giving a complaint
and FIR in Cr.No.461/2014 was registered against the petitioners for
the alleged offeces under Sections 147, 448, 323, 380 and 506[i] IPC.
A Final Report consequent to investigation, was also filed on
17.11.2014, which had been taken cognizance by the learned XXIII
Metropolitan Magistrate, Saidapet, as CC.No.534/2015.
(6) My attention has been drawn by all the learned counsels to the
statements recorded under Section 161 of Cr.P.C., particularly, of the
present 2nd respondent/defacto complainant S.P.Muthukumaran and
L.Rajendran. Originally, they had given statements relating to taking
away of the articles. However, further statements have been recorded
by the Investigating Officer, wherein they have very clearly stated that
the articles which were alleged to have been taken away, had been
returned back and they had confirmed that they had taken back the said
articles including the coat of the advocate. These statements had not
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Crl.OP.No.5914/2015
been examined in their proper perspective by the Investigating Officer
who proceeded to file the Final Report probably under pressure over
the fact that a coat of an advocate was said to have been taken away
and that would necessitate explanations to the members of the Bar in
this regard. There must have been pressure exerted on the
Investigating Officer which led to the filing of the Final Report and the
learned Magistrate also appears to have taken the said Calendar Case
on file. However, a perusal of the records show that very
categorically, both the 2nd respondent and L.Rajendran, have very
clearly stated in their further statements that they had taken back the
articles which were said to have been taken away during the course of
taking possession by the Bailiff of the Court. In the further statement
of Muthukumaran, the 2nd respondent herein recorded on 19.03.2014,
he had stated as follows:-
''......jh';fs; vd;id ,d;W 19.03.2014k; njjp
tprhhpf;f ,e;jpu$pj;. rpj;jphh;j;jd; Mfpnahh;fs; vLj;Jr;
brd;w bghUl;fis uhn$e;jpud; kw;Wk; mtuJ kfd;
Rjhfud; Mfpnahh;fs; bgw;Wf; bfhz;lhh;fs;/ vdJ
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Crl.OP.No.5914/2015
tHf;fwp"h; nfhl;Lk;. gzKk; ehd; m';F itf;ftpy;iy/ nkYk;
vdf;F ifapy; fhak; Vw;gl;lJ/ brhw;g fhak; vd;gjhy;
Rakhf rpfpr;ir vLj;Jf; bfhz;nld;/ kUj;Jtkid bry;ytpy;iy/
vd;id ,d;W jh';fs; tprhhpf;f ehd; ele;jij kWthf;FK:ykhf
brhd;ndd;/''
(7) Similarly, in the further statement recorded on 19.03.2014 from
L.Rajendran, he had stated as follows:-
''......,d;W 19.03.2014k; njjp tprhhpf;f ehd; vdJ
bghUl;fis gl;oaypl;L bgw;Wf; bfhz;nld; m';F
tHf;fwp"h; Kj;Jf;Fkhhpd; ve;j bghUl;fSk; ,y;iy/ m';F
mth; ve;j bghUl;fisa[k; itf;ftpy;iy/ ,d;W jh';fs; vd;id
tprhhpf;f ehd; ele;jij kWthf;FK:ykhf brhd;ndd;/
(8) I am conscious that any statement recorded under Section 161 of
Cr.P.C., is not at all admissible during trial. But, I am confident that
the same can be examined at the preliminary stage to find out whether
any cognizable offence has actually been made out or is made out
against the accused. On the date of filing of Final Report, nothing
survived. The said prosecution is only an attempt to harass the present
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Crl.OP.No.5914/2015
petitioners herein.
(9) Even in the decision reported in 2021 SCC Online SC 315 [Neeharika
Infrastructure Pvt Ltd., Vs. State of Maharashtra and Others], the
Hon'ble Supreme Court of India had also granted a similar leverage
retaining the power of the High Court to quash proceedings which per
se do not disclose commission of any cognizable offence. The Apex
Court has also stated that the conferment of wide power requires a
Court to be more cautious, but, at the same time, it has also been
stated that the judgment does not curtail the powers under Section 482
of Cr.P.C., and in appropriate cases, the High Court can examine the
facts and quash the proceedings.
(10) Here is the case where as on date, nothing survives. L.Rajendran, had
died and he cannot be examined as a witness. The 2nd respondent in
his own statement, has acknowledged receipt of articles stolen. As a
matter of fact, he has stated that these articles were not stolen, but the
coat of the advocate had been taken away and the said coat had already
been returned.
(11) In view of all these facts, continuation of CC.No.534/2015 on the file
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Crl.OP.No.5914/2015
of the learned XXIII Metropolitan Magistrate, Saidapet, would only be
an exercise of futility and therefore, I would interfere with such
continuity and quash the same.
(12) Accordingly, the criminal original petition is allowed and the
proceedings in CC.No.534/2015 now pending on the file of the learned
XXIII Metropolitan Magistrate, Saidapet, is hereby quashed.
Consequently, connected miscellaneous petition is closed.
06.09.2021
AP
Internet : Yes
To
1.The 23rd Metropolitan Magistrate
Saidapet, Chennai.
2.The Inspector of Police
R6 Kuaran Nagar Police Station
Saidapet, Chennai 600 015.
3.The Public Prosecutor
High Court, Madras.
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Crl.OP.No.5914/2015
C.V.KARTHIKEYAN, J.,
AP
Crl.OP.No.5914/2015
https://www.mhc.tn.gov.in/judis/
Crl.OP.No.5914/2015
06.09.2021
https://www.mhc.tn.gov.in/judis/
