Madras High Court
A.Prasanth vs State Rep. By The Inspector Of ... on 1 July, 2022
Crl.OP.No.15049 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl.O.P. No.15049 of 2022 & Crl.M.P.Nos.8419 & 8422 of 2022
A.Prasanth ... Petitioner
Vs.
1. State Rep. by The Inspector of Police,
Kottucherry Police Station,
Karaikal District.
[Crime No.0014 of 2022]
2. Mala ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, to call for the entire records connected with the criminal
proceedings in S.T.C.No.61 of 2022 on the file of the learned Judicial
Magistrate No.II, Karaikal and quash the same.
For Petitioner : Mr.R.Senthil Kumar
For Respondents : Mr.V.Balamuragene,
Public Prosecutor [Pondy] – R1
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Crl.OP.No.15049 of 2022
ORDER
This Criminal Original Petition has been filed to quash the case in
S.T.C.No.61 of 2022 on the file of the learned Judicial Magistrate No.II,
Karaikal for the offence under section 323 of IPC and 190 [1] [b] of Cr.P.C.
2. The main contention of the petitioner is that there is a delay in
lodging the First Information Report and the present complaint has been
registered only as a counter to the complaint preferred by the petitioner and
hence, seeks to quash the charge sheet filed against him.
3. The learned Additional Public Prosecutor appearing for the
respondents submitted that there are prima facie materials against the
petitioner and witnesses have spoken about the role played by the petitioner
in the commission of the offence and hence, prayed to dismiss this petition.
4. Heard the learned counsel appearing for the petitioner and the
learned Public Prosecutor appearing for the first respondent.
https://www.mhc.tn.gov.in/judis
Crl.OP.No.15049 of 2022
5. Admittedly, there is a case in counter. Mere delay in lodging the
First Information Report is not a ground to quash the charge sheet. It is for
appreciation of evidence by the trial Court. Since, in both the cases, final
reports have been filed before the Judicial Magistrate No.II, Karaikal, the
learned Magistrate is directed to conduct separate trials and dispose of both
cases one by one simultaneously and not influenced by the evidence of other
case and each case to be disposed of on its own merits.
6. With, the above observations, this Criminal Original Petition is
dismissed with a direction to the Court below to expedite the trial in
accordance with the guidelines given by Hon'ble Supreme Court reported in
Vinod Kumar Vs State of Punjab [2015 (1) MLJ (Crl) 288 SC]. If the
petitioner adopts any dilatory tactics, it is open to the trial Court to insist
upon the presence of the petitioner and remand him to custody as per
the judgment of the Hon'ble Supreme Court in STATE OF UTTAR
PRADESH VS. SHAMBHU NATH SINGH (JT 2001 (4) SC 3191).
Consequently, connected miscellaneous petitions are closed.
01.07.2022
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https://www.mhc.tn.gov.in/judis
Crl.OP.No.15049 of 2022
To,
1. The Judicial Magistrate No.II,
Karaikkal.
2. The Inspector of Police,
Kottucherry Police Station,
Karaikal District.
2. The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
Crl.OP.No.15049 of 2022
N. SATHISH KUMAR, J.
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Crl.O.P. No.15049 of 2022
01.07.2022
https://www.mhc.tn.gov.in/judis
