Madras High Court
Manikandan vs The State Through on 5 March, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
Crl.O.P.(MD)No.11819 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.(MD) No.11819 of 2022
and
Crl.M.P.(MD).No.7468 of 2022
1.Manikandan
2.Tamilselvan ... Petitioners
Vs.
1.The State through
the Sub Inspector of Police,
Aruppukottai Town Police Station,
Virudhunagar District.
(In Crime No.627 of 2013)
2.Mohan ...Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of
Cr.P.C, to call for the records in the case in S.T.C.No.327 of 2015 on the
file of the Judicial Magistrate Court, Arupukottai, Virudhunagar District
and quash the same as illegal.
For petitioners : Mr.M.Jothi Basu
For R-1 : Mr.S.Manikandan
Government Advocate
(Criminal Side)
https://www.mhc.tn.gov.in/judis
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Crl.O.P.(MD)No.11819 of 2022
ORDER
This petition has been filed seeking to quash the
proceedings in S.T.C.No.327 of 2015 for the offence punishable under
Sections 294(b), 324 and 506 (i) IPC @ 294(b), 323 and 109 IPC on the
file of the Judicial Magistrate Court, Arupukottai, Virudhunagar District.
2. The case of the prosecution is that the petitioners herein
attacked the second respondent / defacto complainant with hands and
threatened him with dire consequences. Hence, the second respondent
herein made a complaint before the first respondent Police and the first
respondent Police has registered a case in Crime No.627 of 2013 against
the petitioners and the respondent Police has conducted investigation.
After completing investigation, the charge sheet has been filed before the
learned Judicial Magistrate, Arupukottai, Virudhunagar District and the
learned Judicial Magistrate has taken cognizance in S.T.C.No.327 of
2015 for the offence punishable under Sections 294(b), 324 and 506 (i)
IPC @ Sections 294(b), 323 and 109 IPC.
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.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.11819 of 2022
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)
6. For the reasons aforesaid, this Court finds no ground or
scope to quash the proceedings in S.T.C.No.327 of 2015 on the file of
the learned Judicial Magistrate, Arupukottai, Virudhunagar District
Accordingly, this Criminal Original Petition is dismissed. Consequently,
connected miscellaneous petition is closed.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.11819 of 2022
7. Since the case is pending from the year 2015, the trial
Court is directed to complete the trial within a period of six months from
the date of receipt of a copy of this order.
8. 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.
05.03.2024
Index : Yes/No
Internet : Yes/No
TSG
To
1.The Judicial Magistrate, Aruppukottai, Virudhunagar District.
2.The Sub Inspector of Police,
Aruppukottai Town Police Station,
Virudhunagar District.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.11819 of 2022
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.11819 of 2022
M.DHANDAPANI. J.
TSG
Crl.O.P.(MD)No.11819 of 2022
05.03.2024
https://www.mhc.tn.gov.in/judis
