Siva vs The Inspector Of Police
2023 Latest Caselaw 13827 Mad

                                                                     Crl.O.P.(MD)No.18300 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 12.10.2023

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE G.ILANGOVAN

                                           Crl.O.P.(MD) No.18300 of 2023
                                    and Crl.M.P(MD)Nos.14482 and 14483 of 2023

                     1. Siva

                     2. Thirunavukkarasu

                     3. Munvar Basha
                                                                                   ... Petitioners

                                                            Vs

                     1. The Inspector of Police,
                     Aravayal Police Station, Devakottai,
                     Sivagangai District. Crime No. 10/2020.

                     2. Soosai Miochaelraj
                                                                                 ... Respondents

                     PRAYER: Criminal Original Petition is filed under Section 482 of
                     Cr.P.C, to call for the records relating to the proceedings in C.C No. 50 of
                     2021 on the file of the learned Judicial Magistrate, Devakottai and quash
                     the same as against the petitioners.
                                     For petitioners   : Mr.AK.Azhagarsami
                                     For R1            : Mr.M.Vaikkam Karunanithi
                                                         Government Advocate (Crl.Side)




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                                                                     Crl.O.P.(MD)No.18300 of 2023



                                                     ORDER

This Criminal Original Petition has been filed seeking to

quash the charge sheet in C.C.No.50 of 2021 on the file of the learned

Judicial Magistrate, Devakottai.

2.The learned counsel for the petitioners submitted that on

the basis of complaint given by the defacto complainant, who is working

as Sub Inspector of Police, a case in Cr.No.10 of 2020 has been

registered against the petitioners under Sections 147, 148, 294(b), 353,

506(2) IPC and after completing the investigation, final report was filed

in C.C.No.50 of 2021 on the file of Judicial Magistrate, Devakottai. Due

to previous motive between the defacto complainant and the petitioners a

false case has been foisted against them, the owner of the alleged shop

has not preferred any complaint and not even cited as a witness. Hence,

prays to allow the petition.

3.On perusal of final report, statement of witnesses shows

that prima facie materials were collected during the course of

investigation to implicate them in the offence. The contention of the

petitioners is that it is a false case, cannot be taken into account at this

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Crl.O.P.(MD)No.18300 of 2023

stage. It is a matter for trial.

4.Reading of the complaint shows that after receipt of

information on 16.01.2020 that one Palani attempted to damage shop

belongs to one Periyasami, the defacto complainant went along with the

Police team to the spot. He found several persons were standing there,

who were identified as accused later. On seeing the police party, the

accused persons alleged to have abused them with filthy language. When

the occurrence was about to be photographed, the defacto complainant

was prevented from doing so. Apart from that also they tried to cause

assault.

5.Reading of the FIR shows the manner in which the above

said occurrence said to have been taken place. When there are serious

and specific allegations made against the petitioners, I am of the

considered view that no valid ground is made out by the petitioners to

quash the proceedings against them.

6.In view of the above, this Court is not inclined to allow

this petition. The petitioners are at liberty to raise all the grounds before

the trial Court. Considering the age of the second petitioner, the personal https://www.mhc.tn.gov.in/judis

Crl.O.P.(MD)No.18300 of 2023

appearance of the second petitioner alone is dispensed with and he shall

be represented by a counsel after filing appropriate application.

However, the second 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.

7.Accordingly, this Criminal Original Petition stands

dismissed. Consequently, connected miscellaneous petitions are closed.

12.10.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No PNM

To

1.The Judicial Magistrate, Devakottai.

2. The Inspector of Police, Aravayal Police Station, Devakottai, Sivagangai District. Crime No. 10/2020.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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

Crl.O.P.(MD)No.18300 of 2023

G.ILANGOVAN. J.

PNM

ORDER IN Crl.O.P.(MD)No.18300 of 2023 and Crl.M.P(MD)Nos.14482 and 14483 of 2023

12.10.2023

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