Madras High Court
Krishnan vs The Inspector Of Police on 3 August, 2023
Crl.O.P.(MD) No.13544 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.08.2023
CORAM:
THE HONOURABLE DR.JUSTICE D.NAGARJUN
Crl.O.P.(MD) No.13544 of 2023
and
Crl.M.P.(MD) Nos.10569 and 10572 of 2023
1.Krishnan
2.Muthuvelu
3.Veerayee
4.Vanitha ... Petitioners
Vs.
1.The Inspector of Police,
Alangudi Police Station,
Pudukkottai District.
(Crime No.276/2015)
2.Mathiyalagan ...Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call
for the records pertaining to the charge sheet in SC.No.83 of 2017 on the file of
1/5
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Crl.O.P.(MD) No.13544 of 2023
the Chief Judicial Magistrate Court, Pudukkottai and quash the same as illegal as
against this petitioners are concerned.
For Petitioners : Mr.K.C.Maniyarasu
For R1 : Mr.E.Antony Sahaya Prabahar
Additional Public Prosecutor
ORDER
This Criminal Original Petition is filed under Section 482 of the Code of
Criminal Procedure seeking quashment of the charge sheet in SC.No.83 of 2017
on the file of the Chief Judicial Magistrate Court, Pudukkottai.
2.It is submitted by the learned counsel for the petitioners that in Crl.R.C.
(MD) No.758 of 2022, vide order dated 14.03.2023, this Court has observed as
under:-
“6.Even though the counsel for the petitioner rely upon various
judgments, this background facts is sufficient enough to allow this
petition. So I am of the considered view that the proceedings that has
been initiated against these petitioners is clearly abuse of the process
of the law and court. A stray sentence in the further statement and as
well as in the final report are not sufficient materials to frame charges,
especially, absolutely, when no material has been collected to show the
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Crl.O.P.(MD) No.13544 of 2023
reason for the above said abetment or the enmity between the defacto
complainant party and the petitioners. So on the sole ground this
petition is liable to be allowed.”
3.According to the learned counsel for the petitioners, whatever
observation made by this Court as referred above is applicable to the petitioners
herein and therefore, sought for quashment of SC.No.83 of 2017 pending on the
file of the Chief Judicial Magistrate Court, Pudukkottai.
4.The learned Additional Public Prosecutor submits that in S.C.No.83 of
2017, the prosecution has so far examined 25 witnesses and case was posted for
recording the evidence of Investigating Officer on 08.09.2023. It is to be noted
that thereafter the charge sheet was taken on file by the Sessions Court in the year
2017 and the petitioners have not chosen to file a petition under Section 482
Cr.P.C., to quash the charge sheet. Further, though the petitioners stated to have
filed an application for discharge of the petitioners, on its dismissal, they have not
approached this Court challenging the order of the dismissal. Further, after
examining 25 witnesses, when S.C.No.83 of 2017 is posted for evidence of
Investigating Officer, now the petitioners have filed this petition to quash the
charge sheet.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.13544 of 2023
5.Once the trial has already been completed almost, the petitioners cannot
seek quashment of charge sheet. The reason for approaching this Court with
inordinate delay has not been explained properly. Considering the above, there are
no merits and this petition is liable to be dismissed.
6.Accordingly, this Petition is dismissed. Consequently, connected
Miscellaneous Petitions are closed.
Speaking : Yes / No 03.08.2023
NCC : Yes / No
Internet : Yes / No
Index : Yes / No
mm
To
1.The Inspector of Police,
Alangudi Police Station,
Pudukkottai 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.13544 of 2023
DR.D.NAGARJUN. J.
mm
Crl.O.P.(MD)No.13544 of 2023
03.08.2023
https://www.mhc.tn.gov.in/judis
