Madras High Court
Mr.Shahul Hammeed vs State Rep. By on 21 April, 2022
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :21.04.2022
CORAM
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
Crl.OP No.23802 of 2019
& Crl MP.No.12543 of 2019
1.Mr.Shahul Hammeed
2.Mr.Riyasdeen .. Petitioners
Vs
1.State rep. by
The Inspector of Police,
Muthupettai Police Station,
Tiruvarur.
Mr.Sounderarajan(died) .. Respondents
Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call
for the records in PRC no.4 of 2006 pending on the file of the learned
Judicial Magistrate, Thiruthuraipoondi, Tiruvarur and quash the same.
For Petitioners :Mr.K.Nizamuddin
For Respondent :Mr.S.Vinothkumar, GA (crl.side) for R1
ORDER
This petition has been filed under Section 482 Cr.P.C., to call
for the records in PRC no.4 of 2006 pending on the file of the learned
Judicial Magistrate, Thiruthuraipoondi, Tiruvarur and quash the same.
2.Heard the learned Counsel for the Petitioners and the learned
Government Advocate(Crl.side) appearing for the Respondent police.
https://www.mhc.tn.gov.in/judis
3.Today, when the matter is taken up for hearing, the learned
Counsel for the Petitioners submitted that the trial in S.C.No.133 of 2016
is pending on the file of the Principal District and Sessions Court,
Tiruvarur, and the accused had been acquitted. He further submitted that
these petitioners are arrayed as A10 and A29 as per the charge sheet and
the case against the petitioners herein is pending at PRC stage before the
Court of the learned Judicial Magistrate, Thiruthuraipoondi, Tiruvarur.
Further, the learned Counsel submitted that on the basis of judgment of
acquittal in S.C.No.133 of 2016 on the file of the Principal District and
Sessions Court, Tiruvarur, this Court had already quashed the proceedings
in Crl OP No.20934 of 2019, pending on the file of the Magalir
Neethimandram, Fast Tract Mahila Court, Tiruvarur, and on the same
ground, the petitioners herein are also seeking to quash the proceedings
in PRC no.4 of 2006 pending on the file of the learned Judicial Magistrate,
Thiruthuraipoondi, Tiruvarur.
4.On a perusal of the judgment of the learned Sessions Judge,
Tiruvarur, it is found that main witnesses died before the trial
commenced and the other witnesses, who were examined before the trial
Court, did not depose anything incriminating the accused persons in
Court. Therefore, based on the evidence of prosecution witnesses,
nothing incriminating against the accused was found to face the trial.
Based on the same judgment of acquittal, this Court in Crl OP No.20934
of 2019 dated 05.08.2019 had quashed the proceedings in S.C.No.58 of
2017 pending on the file of the Magalir Neethimandram, Fast Tract Mahila
https://www.mhc.tn.gov.in/judis
Court, Tiruvarur. The above judgment will squarely apply to the facts of
the present case also.
5. Accordingly, the proceedings in PRC no.4 of 2006 pending on
the file of the learned Judicial Magistrate, Thiruthuraipoondi, Tiruvarur is
hereby quashed and this Criminal Original Petition is allowed.
Consequently, connected miscellaneous petition is closed.
21.04.2022
dn
To
1. The Inspector of Police,
Muthupettai Police Station,
Tiruvarur.
2.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
SATHI KUMAR SUKUMARA KURUP.J,
dn
Crl.OP No.23802 of 2019
21.04.2022
https://www.mhc.tn.gov.in/judis
