Vimalathithan vs The State Rep By
2022 Latest Caselaw 6036 Mad

Citation : 2022 Latest Caselaw 6036 Mad
Judgement Date : 24 March, 2022

Madras High Court

Vimalathithan vs The State Rep By on 24 March, 2022

                                                             1

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED: 24.03.2022

                                                         CORAM:

                                  THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                               Crl.O.P.(MD) No.5462 of 2022
                                                            and
                                               Crl.M.P(MD) No.3866 of 2022

                     Vimalathithan                                                  ...Petitioner


                                                                 Vs.

                     1. The State rep by
                        The Inspector of Police,
                        Orathanadu Police Station,
                        Thanjavur District.
                        (Crime No.568 of 2016)

                     2. Manikandan                                                 ...Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to
                     call for the records in S.C No. 192 of 2017 pending on the file of the Learned
                     Subordinate court, Pattukottai and quash the same as against the petitioner


                                    For Petitioner      : Mr.P.Karthick

                                    For Respondents     : Mr.R.M.Anbunithi
                                    No.1                  Additional Public Prosecutor




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                                                                  2

                                                              ORDER

This Criminal Original Petition has been filed to quash the proceedings

in S.C No. 192 of 2017 pending on the file of the Subordinate court,

Pattukottai.

2. The Case of the Prosecution is that the Petitioner and 2nd respondent

are close relatives and they have previous enmity. On 11.10.2016, when the

2nd respondent returning from a funeral, the petitioner along with the other

accused waylaid the 2nd respondent and abused him with filthy language. The

Second accused attached the 2nd respondent with iron rod in fore head and

the petitioner herein attached him with wooden log in head, face and hand.

The first accused had gave life threats to the 2nd respondent. Hence, the

present complaint is lodged by the respondent police against the petitioner.

3. The learned Counsel appearing for the petitioner would submit that

the petitioner is innocent and he has not committed any offence as alleged

by the prosecution.

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.

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5. Heard the learned counsel appearing on either sides.

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., wherein it is

held 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 https://www.mhc.tn.gov.in/judis

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 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:

"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

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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

Section 482 Cr.P.C.

` 9. In view of the above discussion, this Court is not inclined to

quash the proceedings in S.C No. 192 of 2017 pending on the file of the

Subordinate court, Pattukottai. The petitioner is at liberty to raise all the

grounds before the trial Court. However, the personal appearance of the

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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