Madras High Court
P.Karthickraja vs The Inspector Of Police on 4 March, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
Crl.O.P.(MD)No.11147 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) Nos.11147 and 11356 of 2022 and
Crl.M.P.(MD).Nos. 7026 and 7165 of 2022
P.Karthickraja ... Petitioner/Accused in
Crl.O.P.No.11147/2022
1.D.Muniyasamy
2.A.Packiyaraj
3.I.Prakashraj ... Petitioner/Accused in
Crl.O.P.No.11356/2022
Vs.
1.The Inspector of Police,
Elayirampannai Police Station,
Virudhunagar District.
Crime No.21/2021
2.K.Lokirajan ...Respondents in both
petitions
COMMON PRAYER: Criminal Original Petitions are filed under
Section 482 of Cr.P.C, to call for the records pertaining to the chargesheet
in PRC.No.6 of 2021, filed by the first respondent in Crime No.21/2021
pending on the file of the Judicial Magistrate No.I, Sattur, Virudhunagar
District, and quash the same as illegal against the petitioners
For petitioners : Mr.C.M.Arumugam
(in both petitions)
For R-1 : Mr.P.Kottaichamy
Government Advocate (Criminal Side)
https://www.mhc.tn.gov.in/judis
1/5
Crl.O.P.(MD)No.11147 of 2022
For R-2 : No Appearance
COMMON ORDER
These petitions have been filed seeking to quash the charge sheet
in C.C.No.6 of 2021 on the file of the learned Judicial Magistrate,
No.I.Sattur.
2. The case of the prosecution is that the petitioners are arrayed as
accused in Crime No.21/2021, which was registered on the complaint
preferred by the 2nd respondent, for offences under Sections 294(b), 323,
324, 307 and 506(I) IPC. On completion of investigation, charge sheet
has been filed before the jurisdictional court and the same is pending, for
quashing which, the petitioners are before this Court.
3. The learned counsel for the petitioners would submit that though
a complaint has been preferred, the petitioners have nothing to do with
the alleged offence and prays for interference.
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
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.11147 of 2022
be quashed and the charges against the petitioners have to be gone into
only at the time of trial. He would also submit that the wound certificate
is also available in order to prove the offence committed by the
petitioners and hence, he prayed for dismissal of the petitions.
5. It is seen that 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 them 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 had 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
quash P.R.C.No.6 of 2021, pending on the file of the learned Judicial
Magistrate, No.I, Sattur. Accordingly, these petitions, being devoid of
merits, are dismissed. Consequently, connected miscellaneous petitions
are dismissed.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.11147 of 2022
7. The learned counsel appearing for the petitioners submitted that
this Court may consider dispensing 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.
04.03.2024
Index : Yes/No
Internet : Yes/No
RR
To
1. The Judicial Magistrate, No.I, Sattur
2.The Sub Inspector of Police,
Elayirampannai Police Station,
Virudhunagar District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.11147 of 2022
M.DHANDAPANI. J.
RR
Crl.O.P.(MD)Nos.11147 and 11356 of 2022
04.03.2024
https://www.mhc.tn.gov.in/judis
