Ramamoorthy vs The Inspector Of Police
2023 Latest Caselaw 7030 Mad

                                                                           Crl.O.P.No.15984 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 26.06.2023

                                                       CORAM:

                                  THE HONOURABLE MR. JUSTICE SUNDER MOHAN

                                                Crl.O.P.No.15984 of 2021
                                                          and
                                                Crl.M.P.No.8702 of 2021

                     1. Ramamoorthy
                     2. Narasimman @ Narasingam                         ... Petitioners / A1 and A2
                                                          -Vs-
                     1. The Inspector of Police,
                        Kachirapalayam Police Station,
                        Kallakurichi District.                   ... 1st Respondent / Complainant

                     2. S. Chidambaram                 ... 2nd Respondent / Defacto Complainant


                     Prayer: Criminal Original petition filed under Section 482 of Code of
                     Criminal Procedure, to call for the records in STC.No.32 of 2021
                     pending on the file of the Judicial Magistrate – I, Kallakurichi.



                                     For Petitioner          : Mr. C. Rajan

                                     For R1                  : Mr. A. Damodaran,
                                                              Additional Public Prosecutor.

                                     For R2                  : Mr. S. Sasikumar




https://www.mhc.tn.gov.in/judis
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                                                                               Crl.O.P.No.15984 of 2021

                                                            ORDER

This Criminal Original Petition has been filed seeking to quash the

proceedings in S.T.C.No.32 of 2021 pending on the file of the Judicial

Magistrate - I, Kallakurichi, filed for the alleged offences under Sections

294(b) and 324 of IPC.

2. It is alleged that on account of the dispute over the pathway, the

petitioners had abused the defacto complainant and committed the

offence of assault and also abused him in filthy language.

3.The learned counsel for the petitioners would submit that with

respect to the same occurrence, the 1st petitioner had lodged the complaint

against the defacto complainant and others and the respondent police had

filed a final report against them for the alleged offences under Sections

147, 294(b), 323 and 506(ii) IPC. The learned counsel submitted that the

1st respondent ought not to have filed final report in both the complaints,

which are contrary to each other. Since, the respondent police have

violated the guidelines issued under Section 566 of the Police Standing

Orders, the impugned proceeding is liable to be quashed.

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

Crl.O.P.No.15984 of 2021

4.The learned Additiona1 Public Prosecutor submitted that

pursuant to the investigation conducted in both the complaints, the 1st

respondent had filed final reports in both the complaints, out of which

one is impugned in this quash petition and the other final report is

pending trial in C.C.No.19 of 2020 on the file of the Judicial Magistrate

– I, Kallakurichi.

5.The learned counsel for the defacto complainant, per contra,

submitted that it is true that there is a final report filed against the defacto

complainant and others in C.C.No.19 of 2020 as stated by the learned

Additiona1 Public Prosecutor. But in any case, the complaint filed by

him, which is impugned in this final report is not liable to be quashed.

The learned counsel further submitted that in the event of this Court

holding that the respondent police has violated the procedure prescribed

in the Police Standing orders, the final report against him also is liable

to be quashed.

6.This Court had repeatedly held that though the Police Standing

orders may not have statutory force, but the instructions in the Police

Standing orders are based on common sense and logic and issued https://www.mhc.tn.gov.in/judis

Crl.O.P.No.15984 of 2021

pursuant to the judgment of this Court reported in [AIR 1954 Mad 442],

Thota Ramakrishnayya & others Vs. The State. The 1st respondent

ought to have followed the said procedure. In the instant case, the 1 st

respondent has merely acted as a post office and filed final reports

accepting both the versions as true. As repeatedly held by this Court,

there cannot be two versions, which are contrary to each other. Either one

of the versions has to be false or both the versions have to be false. This

Court cannot allow the impugned final report in S.T.C.No.32 of 2021 and

the final report in C.C.No.19 of 2020 on the file of Judicial Magistrate –

I, Kallakurichi, knowing that either both are false or one is false. The

trial of the accused in both the final reports are likely to be cause serious

prejudice to them.

7.In such view of the matter, this Court is of the view, the

impugned final report in S.T.C.No.32 of 2021 and the final report in

C.C.No.19 of 2020 on the file of the learned Judicial Magistrate – I,

Kallakurichi, pending against the defacto complainant and others, are

liable to be quashed, though the defacto complainant has not filed any

quash petition.

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

Crl.O.P.No.15984 of 2021

8.With the above observations, this Criminal Original Petition is

allowed. Consequently, connected Criminal Miscellaneous Petition is

closed.

26.06.2023

smv

Internet: Yes Index : Yes/No Speaking/Non Speaking order

To,

1.The Inspector of Police, Kachirapalayam Police Station, Kallakurichi District.

2.The Judicial Magistrate - I, Kallakurichi.

3.The Public Prosecutor, High Court of Madras.

SUNDER MOHAN,J.

smv

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

Crl.O.P.No.15984 of 2021

Crl.O.P.No.15984 of 2021

26.06.2023

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