Madras High Court
Thangam @ Mytheen Syed Masood vs The Inspector Of Police on 26 April, 2022
Crl.O.P.(MD) No.7139 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.04.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD) No.7139 of 2022
and
Crl.M.P(MD)No.4907 of 2022
1.Thangam @ Mytheen Syed Masood
2.Syed ali @ Syed ali Fathima ...Petitioners
Vs.
1. The Inspector of Police,
Alawrkurichi Police Station,
Tirunelveli District. .. Respondent/
(Crime No.241/2014) Complainant
2. Muppidathi ...Respondent/
Defacto Complainant
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying
this Court to call for the entire records pursuant to the C.C.No.204/2017 on
the file of the learned Judicial Magistrate, Ambasamudram and quash the
same by allowing this Criminal Original Petition so far as petitioners are
concerned.
1/9
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.7139 of 2022
For Petitioner : Mr.G.Ganapthy
For Respondents : Mr.K.Sanjai Gandhi,
Government Advocate (Crl.Side).
ORDER
This petition has been filed to quash the proceedings in C.C.No.
204/2017 on the file of the learned Judicial Magistrate, Ambasamudram,
thereby taken cognizance for the offences under Sections 452, 294(b), 324,
323, 427 and 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of
Women Harassment Act, 1998, in Crime No.241/2014, as against the
petitioners.
2.The case of the prosecution is that on 16.11.2014, due to previous
enmity, all the accused persons were trespassed into the defacto complainant's
house, used filthy language, assaulted her and also caused criminal
intimidation. Admittedly, there is a civil case pending between the defacto
complainant's family and one Khaja Moideen. Thereafter, she got admitted in
hospital and the first respondent police received the statement from the
defacto complainant and registered an FIR in Crime No.241/2014.
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Crl.O.P.(MD) No.7139 of 2022
3.The learned Counsel appearing for the petitioners would submit that
the petitioners 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. 241/2014 for the offences under Sections
Sections 452, 294(b), 324, 323, 427 and 506(ii) of IPC and Section 4 of Tamil
Nadu Prohibition of Women Harassment Act, 1998, as against the petitioners
and the same has been taken cognizance in C.C.No.204/2017 on the file of the
learned Judicial Magistrate, Ambasamudram. Hence he prayed to quash the
same.
4.The learned Government Advocate (Crl.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
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Crl.O.P.(MD) No.7139 of 2022
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 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
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Crl.O.P.(MD) No.7139 of 2022
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
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:
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Crl.O.P.(MD) No.7139 of 2022
"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.
..............
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
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Crl.O.P.(MD) No.7139 of 2022
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.204/2017 on the file of the learned Judicial
Magistrate, Ambasamudram. The petitioners are at liberty to raise all the
grounds before the trial Court. Considering the age of the petitioners, the
personal appearance of the petitioners is dispensed with and he shall be
represented by a counsel after filing appropriate application. However, the
petitioners 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 three months from the date of receipt of a copy of this
Order.
10.Accordingly, this criminal original petition is dismissed.
Consequently, connected miscellaneous petition is also closed.
26.04.2022
Internet:Yes
Index:Yes/No
lr
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.7139 of 2022
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, Ambasamudram.
2.The Inspector of Police,
Alawrkurichi Police Station,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.7139 of 2022
G.K.ILANTHIRAIYAN,J.
lr
3. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.O.P.(MD) No.7139 of 2022
26.04.2022
https://www.mhc.tn.gov.in/judis
