Madras High Court
Sathish vs The State on 18 April, 2022
Crl.O.P.No.4497 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.04.2022
CORAM:
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
Crl.O.P.No.4497 of 2019
and
Crl.M.P.No.2693 of 2019
Sathish ... Petitioner
Vs.
1.The State
Rep.by Sub-Inspector of Police
C-2, Race Course Police Station (L & O)
Coimbatore City
Coimbatore District.
2.Sivakumar ... Respondents
PRAYER: Criminal Original Petition has been filed under Section 482 of
Cr.P.C, praying to call for the records in STC.No.1807 of 2018 on the file of
the learned Judicial Magistrate No.III, Coimbatore and quash in so far as the
Petitioner is concerned.
For Petitioner : Mr.R.C.Paul Kanagaraj
for Mr.A.Ramalingam
For Respondents : Mr.R.Vinothraja for R1
Government Advocate (Crl.Side)
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.4497 of 2019
ORDER
This petition has been filed to call for the records in
STC.No.1807 of 2018 on the file of the learned Judicial Magistrate No.III,
Coimbatore and quash the same in so far as the Petitioner is concerned.
2. The learned counsel for the Petitioner invited attention of
this Court to the contents of the First Information Report, which is enclosed
in the typed set of papers at Page No.3 and also to Page No.9 of the Charge
Sheet and sought to quash the Charge Sheet filed under Section 75(1)(b)
Tamil Nadu City Police Act. Further, the learned Counsel for the Petitioner
invited attention of this Court to 161 statements of the second
Respondent/Defacto complainant, in which, the relevant portion is as
follows:
“vy;yhUk; fPnH ,w';fp mjpy; xUth; v';fis ghh;jJ
; nla; vd;dlh
jhnahHpfsh fhUf;F irL FLf;fkhl;O';fshlh tHpna tplhk xJ';fhk Xl;ofpl;L thP';f
vd;W bfl;l thh;ji ; jpl;odhh;fs;/”
; jfspy; MshSf;F v';fis ghh;jJ
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.4497 of 2019
3. There is no specific overt acts against the Petitioner herein.
Therefore, the learned counsel for the Petitioner seeks to quash the charge
sheet.
4. The learned Government Advocate (Crl.Side) vehemently
objects to the line of the arguments of the learned counsel for the Petitioner
stating that among the Accused, who were charged as per the charge sheet,
the fourth Accused viz., Pushparaj had pleaded guilty and paid fine.
5. The learned counsel for the Petitioner by way of re-joinder
submitted that the driver of the vehicle alone pleaded guilty. The Petitioner
was a Law College Student at the time of occurrence and subsequent to the
Charge Sheet, he had enrolled as an Advocate.
6. On perusal of the First Information Report and the Charge
Sheet, as rightly pointed out by the learned counsel for the Petitioner, there
is no specific overt acts, against the Petitioner in the Charge Sheet or in the
complaint. Further, it is found that initially the First Information Report was
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Crl.O.P.No.4497 of 2019
filed under the Sections of IPC. Subsequently, the investigation proceeded
with and the Police filed Charge Sheet under Section 75 of the City Police
Act expecting that the Petitioner plead guilty.
7. In the light of the above, this case attracts the guidelines
issued in the reported ruling of the Hon'ble Supreme Court in the judgment
of State of Haryana and Ors. Vs. Ch.Bhajan Lal and Ors, reported
in 1992 Supp (1) SCC 335: 1992 SCC (Cri) 426, where the discretion
under Section 482 of Cr.P.C., can be exercised.
8. In view of the above, the charge sheet is quashed as
against the Petitioner alone. The learned Judicial Magistrate No.III,
Coimbatore, shall proceed with the case with the other accused as per
law. Accordingly, this petition is allowed. Consequently, connected
Miscellaneous Petition is closed.
18.04.2022
Index : Yes / No
Internet : Yes / No
dna
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.4497 of 2019
To
1.The Judicial Magistrate No.III, Coimbatore.
2.The Sub-Inspector of Police
C-2, Race Course Police Station (L & O)
Coimbatore City
Coimbatore District.
3.The Public Prosecutor
High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.4497 of 2019
SATHI KUMAR SUKUMARA KURUP., J.
dna
Crl.O.P.No.4497 of 2019
and
Crl.M.P.No.2693 of 2019
18.04.2022
https://www.mhc.tn.gov.in/judis
