Madras High Court
Jacob Jp vs State By on 16 August, 2022
Crl.O.P.No.18650 of 2022 and Crl.M.P.No.12344 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.08.2022
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
Crl.O.P.No.18650 of 2022
and
Crl.M.P.No.12344 of 2022
1. Jacob JP
(As per C.C. - JAECUP JP)
2. Paramanandham
3. Mark Nechuthan Appadurai ... Petitioners
Vs
1. State by
The Inspector of Police
Race Course Police Station
Coimbatore District
Crime No.453 of 2021
2. Nesa Merlin ... Respondents
Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C.
praying to call for the records in C.C.No.98 of 2022 pending on the file of the
learned Judicial Magistrate-III, Coimbatore against the petitioners and quash the
same against the petitioners.
For Petitioners : Mr.M.Jaikumar
For Respondent-1 : Mr.Leonard Arul Joseph Selvam
Government Advocate (Crl. Side)
1/5
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.18650 of 2022 and Crl.M.P.No.12344 of 2022
ORDER
This Criminal Original Petition has been filed seeking to quash the
charge sheet filed in C.C.No.98 of 2022 on the file of the learned Judicial
Magistrate-III, Coimbatore, for the offences under Sections 448, 324, 323,
506(2), 143, 120(B) of IPC.
2. The contention of the learned counsel for the petitioners is that the
petitioners have been arrayed as A2 to A4 and there is no allegation against the
petitioners in the final report. Hence, he seeks to quash the final report filed
against the petitioners.
3. The prosecution case is that the petitioners along with others forcefully
entered into the meeting hall and formed unlawful assembly and the members of
the assembly, have caused injuries to the defacto complainant.
4. On a perusal of the statements, this Court is unable to accept the
submission of the learned counsel for the petitioners. When the offences under
Sections 147 and 148 of IPC is there in the FIR, it has to be seen only in the
trial Court. In such view of the matter, this Court is not inclined to entertain this
Criminal Original Petition.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.18650 of 2022 and Crl.M.P.No.12344 of 2022
5. At this stage, the learned counsel for the petitioners seeks indulgence
of this Court to dispense with the personal appearance of the petitioners before
the trial Court.
6. Accordingly, considering the age of the petitioners, the presence of the
petitioners shall be dispensed with before the trial Court except for receiving
the copies, initial questioning, questioning under Section 313 of Cr.P.C and any
other date fixed by the trial Court and at the time of passing judgment.
7. Accordingly, this Criminal Original Petition is disposed of.
Consequently, connected Miscellaneous Petition is closed.
16.08.2022
Speaking Order/Non-speaking Order
Index :Yes/No
Internet:Yes/No
ksa-2
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.18650 of 2022 and Crl.M.P.No.12344 of 2022
To
1. The Judicial Magistrate-III, Coimbatore
2. The Inspector of Police
Race Course Police Station
Coimbatore District
3. The Public Prosecutor
Madras High Court, Chennai
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.18650 of 2022 and Crl.M.P.No.12344 of 2022
N. SATHISH KUMAR,J.
ksa-2
Crl.O.P.No.18650 of 2022 and
Crl.M.P.No.12344 of 2022
16.08.2022
https://www.mhc.tn.gov.in/judis
