Madras High Court
S. Thirumalaivasan vs State Rep By on 27 June, 2022
Crl.O.P.No.14465 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2022
CORAM:
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR
CRL.O.P.No.14465 of 2022
and Crl.M.P.Nos.7960 and 7989 of 2022
1.S. Thirumalaivasan
2.K.Semmalai,
3.M.Ranganathan,
4.S.Udaiyasurian,
5.K.Subramani,
6.S.Pownambal,
7.S.Pandian, ... Petitioners
Vs.
1.State Rep by
Inspector of Police,
Nallanpillaipetral Police Station,
Villupuram District.
(in Crime No.314 of 2011)
2.Murugan, ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C.,
to call for the records pertaining to the Charge sheet filed by the 1 st
respondent police taken in S.C.No.500 of 2013 on the file of the
Assistant Sessions Judge, Gingee, Villupuram District and quash the
same as against the petitioners herein.
Page No.1 of 8
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Crl.O.P.No.14465 of 2022
For Petitioners : Mr.M.Prabhakar
For R1 : Mr.A.Gokulakrishnan
Additional Public Prosecutor
ORDER
This Criminal Original Petition filed is under Section 482 of
Cr.P.C. to call for the records pertaining to the final report filed by the 1st
respondent police in Crime No.313 of 2011 for the offence u/s.147, 148,
294, 323, 324, 326, 506(ii) and 307 I.P.C. r/w Sec. 149 I.P.C. taken in
S.C.No.500 of 2013 on the file of the Assistant Sessions Judge, Gingee,
Villupuram District and quash the same as against the petitioners herein.
2.The main ground on which the final report is sought to be
quashed is that the Investigation Officer has not followed the procedure
contemplated under 588A of the Police Standing Order. Therefore, the
petitioners seek to quash the entire final report. The learned counsel also
relied upon the judgment of this Court in this regard in
Crl.O.P.(MD)Nos.11152 and 13597 of 2017, wherein this Court had
quashed one of the cases on the ground that the Police Standing Orders
has not been strictly followed.
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Crl.O.P.No.14465 of 2022
3.Learned counsel for the petitioners vehemently submitted that as
long as the procedure is not followed as per the Police Standing Order,
two final reports cannot be filed.
4.At this point, it is relevant to extract 588A of Madras Police
Standing Order ;
588A : In a complaint and counter complaint arising
out of a same transaction, the Investigation Officer has to
enquire into both of them and adopt one or the other of the
two courses, namely, (1) to charge the case where the
accused were the aggressors or (2) to refer both the cases if
he finds them untrue. If the Investigation Officer finds that
either of the course is difficult, he should seek the opinion
of the Public Prosecutor and act accordingly. A final report
should be sent in respect of the case referred as mistake of
law and the complainant or the counter-complainant, as the
case may be, should be advised about the disposal by a
notice in Form 96 and to seek remedy before the specified
Magistrate if he is aggrieved by the disposal of the case by
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Crl.O.P.No.14465 of 2022
the Police.
5.On a perusal of the above Section, it makes it clear that if the
police finds it difficult to find out who is the aggressor, then the police
can file the final report in both the cases and there is no bar in filing two
final reports on the basis of the counter case.
6.It is to be noted that in the judgment of the Hon'ble Apex Court
reported in 1990 (Supp) Supreme Court Cases 145 in Nathilal and
others V. State of U.P. and another, it is held that where the case and
cross case, the same learned Judge must try both the cross cases one after
the other. After the recording of evidence in one case is completed, he
must hear the arguments but he must reserve the judgment. Thereafter,
he must proceed to hear the cross case and after recording all the
evidence he must hear the arguments but reserve the judgment in that
case. The same learned Judge must thereafter dispose of the matters by
two separate judgments. In deciding each of the cases, he can rely only
on the evidence recorded in that particular case. The evidence recorded
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Crl.O.P.No.14465 of 2022
in the cross case cannot be looked into. Nor can the judge be influenced
by whatever is argued in the cross case. Each case must be decided on
the basis of the evidence which has been placed on record in that
particular case without being influenced in any manner by the evidence
or arguments urged in the cross case. But both the judgments must be
pronounced by the same learned Judge one after the other, which is being
the settled position of law.
7.Therefore, merely because the Investigation Officer has chosen
to file two final reports in two cases without finding who is the aggressor,
that cannot be a ground to quash the proceedings. Even assuming that
there is some procedural violation. After all, the procedures and the
standing orders are only hand made instructions to aid the investigation
properly.
8.Learned single Judge of this Court has not only considered 588A
but also considering the nature of the transactions in the particular case
has quashed it. Therefore, the same cannot be applied to the present case
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Crl.O.P.No.14465 of 2022
on hand.
9.It is stated by the learned Additional Public Prosecutor that
S.CNo.352 of 2013 is pending before the Sub-Court, Gingee.
Accordingly, the Sub Court, Gingee is directed to transfer the case
pending in S.C.No.352 of 2013 to the file of the learned Additional
Sessions Judge, Gingee where the other case in S.C.No.500 of 2013 is
pending to decide both the cases by the same Judge.
10.This petition accordingly stands dismissed as per the guidelines
set out in the case of Nathilal and others V. State of U.P. and another
by the Hon'ble Supreme Court. Consequently, the connected
miscellaneous petitions are closed.
27.06.2022
kas
To
1.Inspector of Police,
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Crl.O.P.No.14465 of 2022
Nallanpillaipetral Police Station,
Villupuram District.
2.The Public Prosecutor,
High Court of Madras.
Chennai – 600 104.
N.SATHISH KUMAR, J.
kas
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.14465 of 2022
CRL.O.P.No.14465 of 2022
&Crl.M.P.No.7960&7989 of 2022
27.06.2022
https://www.mhc.tn.gov.in/judis
