Kandasamy vs State Rep. By
2024 Latest Caselaw 15849 Mad

Madras High Court

Kandasamy vs State Rep. By on 14 August, 2024

Author: G.Jayachandran

Bench: G.Jayachandran

                                                                             Crl.O.P.No. 17951 of 2024


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 14.08.2024

                                                       CORAM

                                  THE HON'BLE DR. JUSTICE G.JAYACHANDRAN

                                             Crl.O.P.No. 17951 of 2024
                                                       And
                                        Crl.M.P.Nos. 10650 & 10652 of 2024

                  1. Kandasamy

                  2. Vasantha                                        ... Petitioners/Accused 1 & 2

                                                           Vs.

                  State Rep. by
                  The Inspector of Police
                  Paramathi Police Station
                  Namakkal District
                  (Cr.No. 339 of 2021)                      ... Respondent/Complainant


                  PRAYER: Criminal Original Petitions filed under Section 528 of BNSS
                  2023 pleased to call for the records of the case pending in C.C.No. 40 of
                  2022 on the file of the learned Judicial Magistrate, Paramathi, Namakkal and
                  quash the same.
                                                           ***
                                         For Petitioners   : Mr. M.Marimuthu

                                        For Respondent : Mr.S.Udayakumar
                                                         Government Advocate (Crl. Side)

https://www.mhc.tn.gov.in/judis
                                                            1
                                                                                  Crl.O.P.No. 17951 of 2024


                                                           ORDER

This Petition has been filed to quash C.C.No. 40 of 2022 on the file

of the learned Judicial Magistrate, Paramathi, Namakkal.

2. The learned counsel for the petitioner states that it is a case and

case in counter wherein the respondent police without proper investigation

regarding the aggressor, has filed the final report. He would also submit that

the counter complaint is now subject matter of C.C.No. 94 of 2022 before the

same Court.

3. The learned Government Advocate (Crl. Side) submits that

during the course of the same transaction, two rival versions were made and

after the investigation, police found that both parties are aggressors.

Therefore, two final reports filed and the Investigating Officer will take all

steps to follow the dictum of the Full Bench Judgement rendered in

Crl.O.P.No. 4587 of 2024 [P.Balaji Vs. State].

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

4. Recording the same, this Criminal Original Petition stands

disposed of with a direction to the learned Judicial Magistrate, Paramathi, to

follow the guidelines laid down by the Full Bench Judgment. Consequently,

connected Miscellaneous Petitions stands closed.

14.08.2024

vsg

To

1. The Inspector of Police Paramathi Police Station Namakkal District

2. The Public Prosecutor, High Court of Madras.

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

Dr.G.JAYACHANDRAN, J.

vsg

And Crl.M.P.Nos. 10650 & 10652 of 2024

14.08.2024

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