Madras High Court
Rajaram vs The Inspector Of Police on 13 April, 2022
Crl.O.P.(MD)No.2190 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.04.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P(MD)No.2190 of 2022
&
Crl.MP(MD)No.1609 of 2022
Rajaram ... Petitioner/
1st Accused
Vs.
1. The Inspector of Police,
Nithiravilai Police Station,
Kanyakumari District.
(Crime No.65 of 2021) ... 1st Respondent/
Complainant
2. Jenkins ... 2nd Respondent/
Defacto Complainant
Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for
the records in C.C.No. 184 of 2021 pending on the file of learned Judicial
Magistrate No.II, Kuzhithurai and quash the same.
For Petitioner : Mr.K.P.Narayanakumar
For Respondents : Mr.K.Sanjai Gandhi
Government Advocate (Criminal Side)
for R.1
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Crl.O.P.(MD)No.2190 of 2022
ORDER
This Criminal Original Petition has been filed to quash the proceedings
in C.C.No. 184 of 2021 pending on the file of learned Judicial Magistrate No.II,
Kuzhithurai.
2. The case of the prosecution is that the defacto complainant is a Gym
Coach and he is working at petitioner's R.R.Power Gym at Nithiravilai. The
petitioner / 1st Accused person is the owner, who runs the Gym and he spoke
very substandard words to the defacto complainant in front of the students. On
07.04.2021, the defacto complainant told the petitioner that he was leaving the
job. Again on 08.04.2021, the defacto complainant called the petitioner and
requested him that the defacto complainant will attend work. Thereafter, on the
same day, when the defacto complainant went to the Gym to see the petitioner,
the petitioner's brother was there and had a wordy quarrel between them. The
petitioner's brother punched the defacto complainant in the abdomen and also
threatened him with dire consequences. Hence, the present case came to be
registered.
3. The learned Counsel appearing for the petitioner would submit that the
petitioner are innocent and they have not committed any offence as alleged by
the prosecution. Without any base, the first respondent police registered a case
in Crime No.65 of 2021 as against the petitioner and the same has been taken
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Crl.O.P.(MD)No.2190 of 2022
cognizance in C.C.No. 184 of 2021 pending on the file of learned Judicial
Magistrate No.II, Kuzhithurai. Hence he prayed to quash the same.
4. The learned Government Advocate (Criminal Side) would submit that
the trial has been commenced and some of the witnesses have been examined in
this case.
5. Heard both sides and perused the materials available on record.
6. It is relevant to rely upon the judgment of the Hon'ble Supreme Court
of India passed in Crl.A.No.579 of 2019 dated 02.04.2019 in the case of
Devendra Prasad Singh Vs. State of Bihar & Anr., as follows:-
" 12.So far as the second ground is
concerned, we are of the view that the High Court
while hearing the application under Section 482 of
the Cr.P.C. had no jurisdiction to appreciate the
statement of the witnesses and record a finding that
there were inconsistencies in their statements and,
therefore, there was no prima facie case made out
against respondent No.2. In our view, this could be
done only in the trial while deciding the issues on
the merits or/and by the Appellate Court while
deciding the appeal arising out of the final order
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Crl.O.P.(MD)No.2190 of 2022
passed by the Trial Court but not in Section 482
Cr.P.C. proceedings.
13.In view of the foregoing discussion, we
allow the appeal, set aside the impugned order and
restore the aforementioned complaint case to its
original file for being proceeded with on merits in
accordance with law.
7. Recently, the Hon'ble Supreme Court of India dealing in respect of the
very same issue in Crl.A.No.1572 of 2019 dated 17.10.2019 in the case of
Central Bureau of Invstigation Vs. Arvind Khanna, wherein, it has been held
as follows:
“19. After perusing the impugned order and on
hearing the submissions made by the learned senior
counsels on both sides, we are of the view that the
impugned order passed by the High Court is not
sustainable. In a petition filed under Section 482 of
Cr.P.C., the High Court has recorded findings on
several disputed facts and allowed the petition.
Defence of the accused is to be tested after
appreciating the evidence during trial. The very fact
that the High Court, in this case, went into the most
minute details, on the allegations made by the
appellant-C.B.I., and the defence put-forth by the
respondent, led us to a conclusion that the High
Court has exceeded its power, while exercising its
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Crl.O.P.(MD)No.2190 of 2022
inherent jurisdiction under Section 482 Cr.P.C.
20.In our view, the assessment made by the
High Court at this stage, when the matter has been
taken cognizance by the Competent Court, is
completely incorrect and uncalled for.”
8. Further the Hon'ble Supreme Court of India also held in the order
dated 02.12.2019 in Crl.A.No.1817 of 2019 in the case of M.Jayanthi Vs.
K.R.Meenakshi & anr, as follows:
"9. It is too late in the day to seek reference to
any authority for the proposition that while invoking
the power under Section 482 Cr.P.C for quashing a
complaint or a charge, the Court should not embark
upon an enquiry into the validity of the evidence
available. All that the Court should see is as to
whether there are allegations in the complaint which
form the basis for the ingredients that constitute
certain offences complained of. The Court may also
be entitled to see (i) whether the preconditions
requisite for taking cognizance have been complied
with or not; and (ii) whether the allegations
contained in the complaint, even if accepted in
entirety, would not constitute the offence alleged.
..............
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Crl.O.P.(MD)No.2190 of 2022
13. A look at the complaint filed by the
appellant would show that the appellant had
incorporated the ingredients necessary for
prosecuting the respondents for the offences alleged.
The question whether the appellant will be able to
prove the allegations in a manner known to law
would arise only at a later stage...................."
The above judgments are squarely applicable to this case and as such, the
points raised by the petitioner cannot be considered by this Court under Section
482 Cr.P.C.
9. In view of the above discussion, this Court is not inclined to quash the
proceedings in C.C.No.498 of 2017 on the file of the learned Judicial
Magistrate No.II, Dindigul. The petitioners is at liberty to raise all the grounds
before the trial Court. However, the personal appearance of the petitioner is
dispensed with and he shall be represented by a counsel after filing appropriate
application. However, the petitioner shall be present before the Court at the
time of furnishing of copies, framing charges, questioning under Section 313
Cr.P.C. and at the time of passing judgment. The trial Court is directed to
complete the trial within a period of six months from the date of receipt of copy
of this Order.
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Crl.O.P.(MD)No.2190 of 2022
10. Accordingly, this Criminal Original Petition is dismissed.
Consequently, connected miscellaneous petition is closed.
13.04.2022
Index : Yes / No
Internet : Yes/ No
mga
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 Judicial Magistrate No.II,
Kuzhithurai.
2.The Inspector of Police,
Nithiravilai Police Station,
Kanyakumari District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)No.2190 of 2022
G.K.ILANTHIRAIYAN, J.
mga
Crl.O.P(MD)No.2190 of 2022
&
Crl.M.P(MD)No.1609 of 2022
13.04.2022
https://www.mhc.tn.gov.in/judis
