Madras High Court
Anandh Krishnan @ Anantha Krishnan vs State Represented By on 4 March, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
Crl.O.P.(MD)No.8833 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.(MD) No.8833 of 2022
and
Crl.M.P.(MD).Nos.5940 and 5941 of 2022
Anandh Krishnan @ Anantha Krishnan ... Petitioner
Vs.
1.State represented by
The Sub Inspector of Police,
Paramakudi Town Police Station,
Ramanathapuram District.
(Crime NO.534 of 2020)
2.A.Tamilnesan ...Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of
Cr.P.C, to call for the entire records in relating to the impugned charge
sheet in C.C.No.170 of 2021 on the file of the learned Judicial
Magistrate, Paramakudi and to quash the same insofar as the petitioner is
concerned.
For petitioner : Mr.M.S.Jeyakarthik
For R-1 : Mr.S.Manikandan
Government Advocate
(Criminal Side)
For R-2 : No Appearance
https://www.mhc.tn.gov.in/judis
1/5
Crl.O.P.(MD)No.8833 of 2022
ORDER
This petition has been filed seeking to quash the
proceedings in C.C.No.170 of 2021 on the file of the learned Judicial
Magistrate, Paramakudi.
2. The case of the prosecution is that on 11.09.2020 during
the eve of Martyr Immanuvel Sekaran Jeyanthi, when the second
respondent was on duty, at that time, the accused persons drove their
two-wheeler in a rash and negligent manner and caused severe life threat
to the defacto complainant and the other Police Officials.. Due to which,
the second respondent made a complaint before the first respondent
Police and the same was registered in Crime No.534 of 2020. Thereafter,
the respondent Police has conducted the investigation and on completion
of investigation, they filed a charge sheet in C.C.No.170 of 2021 on the
file of the learned Judicial Magistrate, Paramakudi for the alleged
offence punishable under Sections 143, 147, 279, 287, 291, 353, 504,
506(1), 177, 341 and 283 IPC.
3. The learned counsel appearing for the petitioner would
submit that a false case has been foisted against the petitioner and there
is no specific allegation as against the petitioner.
https://www.mhc.tn.gov.in/judis
4. The learned Government Advocate (Criminal Side)
appearing for the respondent Police would submit that all those points
raised before this Court is a triable issue, which cannot be canvassed
before this Court and it can be canvassed only at the time of trial.
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 petitioner, if he is subjected to due trial
as sufficient opportunity would be given to the petitioner to put forth his
defence. The petitioner cannot be let by quashing the charges framed
against him as that would completely undermine the alleged act, which is
the subject matter of criminal trial pending against him. 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)
6. For the reasons aforesaid, this Court finds no ground or
scope to quashin C.C.No.170 of 2021 on the file of the learned Judicial
Magistrate, Paramakudi. Accordingly, this Criminal Original Petition is
dismissed. Consequently, connnected miscellaneous petitions are
closed.
https://www.mhc.tn.gov.in/judis
7. At this juncture, the learned counsel appearing for the
petitioner would submit that this Court may consider to dispense with the
personal appearance of the petitioner before the court below. Taking into
consideration the request as made by the learned counsel for the
petitioner, the appearance of the petitioner before the trial court is
dispensed with except for his 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
petitioner is necessary, the trial court, at its wisdom, shall direct his
appearance on those days.
04.03.2024
Index : Yes/No
Internet : Yes/No
TSG
To
1.The Judicial Magistrate, Paramakudi.
2.The Sub Inspector of Police,
Paramakudi Town Police Station,
Ramanathapuram District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
M.DHANDAPANI. J.
TSG
04.03.2024
https://www.mhc.tn.gov.in/judis
