Madras High Court
S.D.Prabhakaran vs State Rep By on 24 September, 2021
Crl.O.P.No.17201 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2021
CORAM :
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.No.17201 of 2021
and
Crl.M.P.No.9433 of 2021
S.D.Prabhakaran,
S/o. J.V. Sham Dharmaraj ...Petitioner
-Vs-
State rep by,
The Inspector of Police (220),
B-4, Race Course,
Coimbatore-18. ..Respondent
Prayer : Criminal Original Petition filed under Section 482 of the Criminal
Procedure Code, to call for the records and set aside the order passed in
Crl.M.P.No.2819 of 2020 in C.C.No.249 of 2014 dated 15.04.2021 on the
file of the Judicial Magistrate No.III at Coimbatore.
For Petitioner : Mr.C.Deivasigamani
For Respondents : Mr.A.Damodaran
Additional Public Prosecutor
1/6
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.17201 of 2021
ORDER
(This case has been heard through video conference)
The petitioner, who is an accused in C.C.No.249 of 2014 has filed a
petition Crl.M.P.No.2819 of 2020 under Section 243 of Criminal Procedure
Code to examine (1) Dr. Rajendran and (2) Inspector of Police, PCR Wing.
The Trial Court dismissed the same for the reason that earlier, this court had
dismissed the similar petition in Crl.O.P.No.21492 of 2017. Against which,
the present petition.
2. The contention of the petitioner is that in Crl.O.P. No.21492 of 2017.
this Court had observed as follows :-
“In so far as the Doctor and the Inspector of P.C.R. Wing
Offence are concerned, the petitioner does not even say the
purpose for which they need to be examined. The petition filed
before the court below is completely bald without any reasons
and therefore, the Court below rightly came to a conclusion
that the examination of these witnesses are not required to
come to a fair and just decision in this case.”
and dismissed the petition.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.17201 of 2021
3. Now, the petitioner has given a reason that as regards
Dr.Rajendiran, to speak about the injuries caused to him and treatment
given to the petitioner on 11.04.2014. As regards Inspector of police to
speak about the complaint given by the petitioner. Assailing these points,
he has filed the above petition.
4. The Addl. Public Prosecutor appearing for respondent would
submit that the calender case is of the year 2014, for the past 7 years, the
petitioner successfully dragging on the case. Hence, the lower court not
only dismissed the petition on the ground that earlier, the petitioner has filed
a petition in Crl.O.P.No.21492 of 2017 for the same prayer, it had observed
that the petitioner was questioned under Section 313 of Crl.P.C. on
04.02.2016, i.e. five years before and thereafter after lapse of five years, the
present petition has been filed, which is not proper. Earlier, petition filed
under Sec.243 of Crl.P.C. was dismissed on 06.09.2017, in which, no
reasons given for the inordinate delay. The petitioner by filing one or other
petitions for one reason or other reasons, successfully protracting the trial
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.17201 of 2021
and not permitting the lower court to complete the proceedings. This is one
more tactics adopted by the petitioner to protract the trial and hence, he
strongly objected. He would further submit that the case is at the final stage
except for rendering the judgment.
5. Heard submissions of learned counsel appearing for petitioner and
learned Addl. Public Prosecutor appearing for respondent and perused the
records.
6. Considering the submissions and on perusal of materials, this Court
finds that the petition filed by the petitioner for the same prayer is not
maintainable, since this court earlier dismissed the petition in Crl.O.P. No.
21492 of 2017 by an order dated 22.11.2018. Now also, the petitioner has
not given any reasons. The petitioner in the questioning under Sec.313 of
Crl.P.C., not produced any document showing that he had sustained injury
and also in the earlier complaint. This ground raised by the petitioner
appears to be made only to avoid the hearing and no proper reason was
given. This Court further considering the fact that the petitioner was
questioned under Sec.313 of Crl.P.C. on 04.02.2016 and the present petition
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.17201 of 2021
was filed after completion of five years and also finding that the trial court
rightly dismissed the same and no reason to interfere with the finding of the
lower court. In view of the same, this Criminal Original Petition is
dismissed and this Court directs the Trial Court to conclude the trial in
C.C.No.249 of 2014 within a period of three weeks from the date of the
receipt of the order copy. The period of three weeks only for outer limit.
Consequently, the connected Criminal Miscellaneous Petition is closed.
24.09.2021
Index : Yes/No
Internet : Yes/No
rpp/nr
To
1. The Inspector of Police (220),
B-4, Race Course,
Coimbatore-18.
2. The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.17201 of 2021
M.NIRMAL KUMAR, J.
rpp/nr
Crl.O.P.No.17201 of 2021
and
Crl.M.P.No.9433 of 2021
24.09.2021
https://www.mhc.tn.gov.in/judis/
