Madras High Court
P.Ponnupandi vs State Through on 10 March, 2022
Crl.O.P.(MD)No.4563 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.03.2022
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD)No.4563 of 2022
& Crl.M.P.(MD)Nos.3218 & 3219 of 2022
P.Ponnupandi ...Petitioner
Vs.
1. State through
The Inspector of Police,
Mallankinaru Police Station,
Virudhunagar District.
2. R.Panjali ... Respondents
Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C.to call
for the entire records connected with the case in C.C No.66 of 2021 pending on
the file of the learned Judicial Magistrate No.1, Virudhunagar and quash the
same as illegal.
For Petitioner : Mr.S.Malaikani
For Respondent : Mr.R.M.Anbunithi
R1 Additional Public Prosecutor (Criminal Side)
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.4563 of 2022
ORDER
This petition has been filed to quash the proceedings in C.C.No.66 of
2021 on the file of the learned Judicial Magistrate No.I, Virudhunagar, thereby
taken cognizance for the offences under Sections 147, 294(b), 442, 427, 323,
506(ii), 379(NP) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of
Women Act, in Crime No.238 of 2012, as against the petitioner.
2.The case of the prosecution is that due to previous enmity, on
21.10.2012, the accused persons criminally trespassed into the house of defacto
complainant, damaged household articles and snatched 3 sovereigns of gold
chain and Rs.75,000/- cash from the cupboard and also they criminally
intimidated with dire consequences.
3.The learned Counsel appearing for the petitioner would submit that the
petitioner is 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.238 of 2012 for the offences under Sections 147, 294(b), 442, 427,
323, 506(ii), 379(NP) IPC and Section 4 of Tamil Nadu Prohibition of
Harassment of Women Act, as against the petitioner and the same has been
taken cognizance in C.C.No. 66 of 2021 on the file of the learned Judicial
Magistrate No.I, Virudhunagar. Hence he prayed to quash the same.
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Crl.O.P.(MD)No.4563 of 2022
4.The learned Additional Public Prosecutor 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 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.
https://www.mhc.tn.gov.in/judis 13.In view of the foregoing discussion, we
Crl.O.P.(MD)No.4563 of 2022
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 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
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cognizance by the Competent Court, is completely
Crl.O.P.(MD)No.4563 of 2022
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:
"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
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arise only at a later stage...................."
Crl.O.P.(MD)No.4563 of 2022
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 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.66 of 2021 on the file of the learned Judicial Magistrate
No.I, Virudhunagar. The petitioner is at liberty to raise all the grounds before
the trial Court. Considering the age of the petitioner, the personal appearance of
the petitioner is dispensed with and he shall be represented by a counsel after
filing appropriate application. However, the petitioner 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 six months from the date of
receipt of a copy of this Order.
10.Accordingly, this criminal original petition is dismissed. Consequently,
connected miscellaneous petitions are also closed.
10.03.2022
Index : Yes / No
Internet : Yes/ No
PNM
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.4563 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. State through
The Inspector of Police,
Mallankinaru Police Station,
Virudhunagar District.
2. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.4563 of 2022
G.K.ILANTHIRAIYAN,J.
PNM
ORDER IN
Crl.O.P.(MD)No.4563 of 2022
&
Crl.M.P.(MD)Nos.3218 & 3219 of 2022
10.03.2022
https://www.mhc.tn.gov.in/judis
