Madras High Court
Kingsley Jebasingh vs The Inspector Of Police on 1 February, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
Crl.O.P.(MD)No.432 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.(MD) No.432 of 2022
and
Crl.M.P.(MD).Nos.339 and 340 of 2022
1.Kingsley Jebasingh
2.Vasantha ... Petitioners/A1 & A2
Vs.
1.The Inspector of Police,
Nesamony Nagar Police Station,
Kanniyakumari District. ... 1st Respondent/Complainant
2.S.Jerold ... 2nd Respondent/Defacto complainant
PRAYER: Criminal Original Petition is filed under Section 482 of
Cr.P.C, to call for the records pertaining to the C.C.No.160 of 2018 and
now transferred to Special Judicial Magistrate, Nagercoil,
Kanniyakumari District in C.C.No.2 of 2021 on the file of the learned
Special Judicial Magistrate, Nagercoil at Kanniyakumari District and
quash the same.
For petitioners : Mr.F.Deepak
For R-1 : Mr.S.Manikandan
Government Advocate (Criminal Side)
For R-2 : No Appearance
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1/6
Crl.O.P.(MD)No.432 of 2022
ORDER
This petition has been filed seeking to quash the
proceedings in C.C.No.2 of 2021 pending on the file of the learned
Special Judicial Magistrate, Nagercoil at Kanniyakumari District.
2.The case of the prosecution is that on 21.12.2015 at about
10.15 a.m., when the second respondent/defacto complainant and one
V.Elango was standing at BSNL Machinery Material Store, the
petitioners abused the defacto complainant in filthy language and
prevented them from discharging their Government duty. Hence, the
second respondent made a complaint before the first respondent Police
and the first respondent Police registered a case in Crime No.541 of 2015
against the petitioners and the respondent Police conducted the
investigation and on completion of investigation, the charge sheet has
been filed before the learned Judicial Magistrate No.II, Nagercoil at
Kanniyakumari District and the learned Judicial Magistrate has taken
cognizance in C.C.No.160 of 2018 and now the case is transferred to the
learned Special Judicial Magistrate, Nagercoil at Kanniyakumari District
in C.C.No.2 of 2021 for the alleged offence punishable under Sections
294(b), 332 and 506 (i) of I.P.C.
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3.The learned counsel appearing for the petitioners would
submit that a false case has been foisted against the petitioners and there
is no specific allegation made against the petitioners.
4.The learned Government Advocate (Crl. Side) would
submit that there are materials available to proceed with the case as
against the petitioners herein and at the threshold, the criminal
proceedings cannot be quashed and the charges against the petitioners
have to be gone into only at the time of trial and hence, he prayed for
dismissal of the petition.
5.In the above circumstances, the trial court has rightly
taken the case on file and this Court is of the considered view that no
prejudice would be caused to the petitioners, if they are subjected to due
trial as sufficient opportunity would be given to the petitioners to put
forth their defence. The petitioners cannot be let by quashing the charges
framed against them as that would completely undermine the alleged act,
which is the subject matter of criminal trial pending against them. Useful
reference in this regard can be made to the decision of the Hon’ble Apex
Court in State of Haryana – Vs - Bhajan Lal (1992 SCC (Crl.) 426).
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6.For the reasons aforesaid, this Court finds no ground or
scope to quash C.C.No.2 of 2021, pending on the file of the learned
Special Judicial Magistrate, Nagercoil at Kanniyakumari District.
Accordingly, this Criminal Original Petition is dismissed. Consequently,
connected miscellaneous petitions are closed.
7.At this juncture, the learned counsel appearing for the
petitioners would submit that this Court may consider to dispense with
the personal appearance of the petitioners before the court below. Taking
into consideration the request as made by the learned counsel for the
petitioners, the appearance of the petitioners before the trial court is
dispensed with except for their appearance for the purpose of receiving
the copy of the proceedings u/s 207 Cr.P.C., framing of charges,
questioning under Section 313 Cr.P.C. and on the day on which judgment
is to be pronounced. However, if for any particular reason, the presence
of the petitioners is necessary, the trial court, at its wisdom, shall direct
their appearance on those days.
01.02.2024
Index : Yes/No
Internet : Yes/No
SJI
https://www.mhc.tn.gov.in/judis
To
1.The Special Judicial Magistrate,
Nagercoil at Kanniyakumari District.
2.The Inspector of Police,
Nesamony Nagar Police Station,
Kanniyakumari District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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M.DHANDAPANI. J.
SJI
01.02.2024
https://www.mhc.tn.gov.in/judis
