Madras High Court
T.Manoj vs State Through on 10 October, 2022
Crl.O.P.(MD) No.9515 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.10.2022
CORAM
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
CRL.O.P(MD)No.9515 of 2021
and
Crl.M.P(MD)Nos.4861 and 4862 of 2021
1.T.Manoj
2.T.Mugesh
3.M.Babu
4.T.Boongothai ...Petitioners
vs.
1.State through
The Inspector of Police,
Panagudi Police Station,
Tirunelveli District.
2.T.Jeya Kumar ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to call for the records relating to the case in C.C.No.422 of
2020 pending before the learned Judicial Magistrate Court, Vallioor,
Tirunelveli District in Cr.No.479 of 2019 on the file of the first
Respondent, ie., the Inspector of Police, Panagudi Police Station,
Tirunelveli District and to quash all the further proceedings as against
the Petitioners.
1/7
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.9515 of 2021
For Petitioners :Mr.K.Ramanathan
For R1 :Mr.R.Sivakumar
Government Advocate
For R2 :Mr.Ponkarthikeyan
****
ORDER
The Petitioners have filed this Petition seeking to quash the
charge sheet in C.C.No.422 of 2020 pending before the Court of
learned Judicial Magistrate, Vallioor, Tirunelveli District.
2.It is the case of the Petitioners that they were arrayed as
accused in Cr.No.479 of 2019 on the file of the first Respondent. The
complaint preferred by the Petitioners was closed as mistake of fact.
Instead of investigating both the cases and filing two charge sheets,
the Investigation Officer had acted partially and dropped the
investigation against the accused in the complaint preferred by the
Petitioners, whereas, the case registered against the Petitioners in
Cr.No.479 of 2019 was investigated and final report was laid, which
was taken cognizance by the learned Judicial Magistrate, Vallioor, for
the offence under Sections 294(b), 323, 324 and 506(2) IPC. Further,
it is the contention of the learned Counsel for the Petitioners that the
Petitioners and the rival parties, who suffered injury, were treated in
the same hospital. They have undergone treatment as in-patients.
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Crl.O.P.(MD) No.9515 of 2021
While so, the Petitioners' complaint was ignored. Therefore, he seeks
to quash the final report, which is taken cognizance and numbered as
C.C.No.422 of 2020. Further, the learned Counsel for the Petitioners
submitted that the Doctor had not been examined as a witness and
cited as a witness in the final report filed in C.C.No.422 of 2020.
3.The learned Government Advocate appearing for the first
Respondent submitted that the wound certificate issued by the Duty
Medical Officer of Aasaripallam Government Medical College Hospital
had been taken by the Investigation Officer while laying final report
before the Court of learned Judicial Magistrate, Vallioor. Further, the
learned Government Advocate submitted that the Trial Court has
power to summon any witness with regard to the trial in the criminal
case. Therefore, the Trial Court has the power to summon the Doctor,
who had issued the wound certificate to the victims in this case. At
the same time, on that ground, the Petitioners cannot seek quashing
of the final report taken on file as C.C.No.422 of 2020.
4.The learned Counsel for the Second Respondent submitted
that due to the conduct of the Petitioners only, the victim had suffered
head injury, particularly, using machete on the head of the De-facto
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Crl.O.P.(MD) No.9515 of 2021
Complainant/second Respondent. Further, he submitted that as per
the final report laid by the Investigation Officer in this case, all the
four Petitioners herein had caused injuries, where separate overt acts
had been attributed to each of the Petitioners. Since the complaint
preferred by the Petitioners is found without any basis, the
Investigation Officer had found to be false and therefore, closed it as
mistake of fact. If the Petitioners are aggrieved, the Petitioners shall
approach the Court of learned Judicial Magistrate by filing a Protest
Petition. On that ground, the Petitioners could not seek quashment of
the charge sheet in C.C.No.422 of 2020.
5.Considering the submissions of the learned Counsel for the
Petitioners, the learned Counsel for the second Respondent and the
learned Government Advocate, this Petition cannot be allowed. The
Petitioner is granted opportunity to file Protest Petition before the
learned Judicial Magistrate, Vallioor. The learned Judicial Magistrate,
Vallioor, is directed to consider the Protest Petition filed by the
Petitioners herein regarding the further action dropped or regarding
the charge sheet filed on the complaint of the Petitioners herein
against the aggressors of the Petitioners herein, which was closed as
mistake of fact by the Investigation Officer.
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Crl.O.P.(MD) No.9515 of 2021
6.The learned Judicial Magistrate, Vallioor, is directed to grant
sufficient time for the Petitioners herein to file Protest Petition. After
passing appropriate orders on the Protest Petition, the trial in
C.C.No.422 of 2022 can be taken for trial and both cases shall be
disposed of simultaneously. If any of the accused in C.C.No.422 of
2020 filed any petition seeking exemption from appearance, the
learned Judicial Magistrate, Vallioor can pass appropriate orders.
Also, the learned Judicial Magistrate, Vallioor shall ensure that the
accused in both cases appear regularly. If any of the accused in both
cases does not cooperate with the Court, the learned Judicial
Magistrate can act as per the reported judgment of Honourable
Supreme Court in the case of P.K.Shaji vs. State of Kerala
[(2005)AIR SCW 5560], thereby, cancelling the bail and detaining
the accused in the case till the disposal of the case.
7.With the above directions, this Petition is disposed of.
Consequently, connected Miscellaneous Petitions are closed.
Index:Yes/No 10.10.2022
cmr
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.9515 of 2021
To
1.The Judicial Magistrate, Vallioor and Tirunelveli District.
2.The Inspector of Police,
Panagudi Police Station,
Tirunelveli District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.9515 of 2021
SATHI KUMAR SUKUMARA KURUP, J.
cmr
CRL.O.P(MD)No.9515 of 2021
10.10.2022
https://www.mhc.tn.gov.in/judis
