Madras High Court
Vinayagamoorthy vs The State Rep. By on 6 February, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.O.P.No.23152 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.23152 of 2024
Crl.M.P.No.13145 of 2024
Vinayagamoorthy ... Petitioner
Vs.
The State rep. by
Inspector of Police,
Korattur Police Station,
Cr. No.779 of 2006 ... Respondent
Prayer: Criminal Original petition filed under Section 482 of Cr.P.C., to
call for the records in S.C.No.2 of 2007 on the file of the learned
Principal Sessions Judge, Tiruvallur, now split and renumbered as
S.C.No.162 of 2007 on the file of the learned 2nd Additional District and
Sessions Judge, Poonamallee and set aside the charges framed against
the petitioner.
For Petitioner : Mr.G.Sriram
For Respondent : Mr.A.Gokulakrishnan
Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis
Page 1 of 6
Crl.O.P.No.23152 of 2024
ORDER
This petition has been filed to quash the proceedings in
S.C.No.162 of 2007 on the file of the learned II Additional District and
Sessions Judge, Poonamallee.
2. The case of the prosecution is that on 02.06.2006 at about
10.30 am., when the deceased was inside his office, some accused
persons entered into the office and stabbed him with knives, due to
which he sustained multiple injuries and died. It is alleged that due to
political enmity, the petitioner and others engaged the accused persons to
murder the deceased. On information, the respondent police registered
the FIR in crime No.779 of 2006 and after completion of investigation
filed final report and the same has been taken cognizance in S.C.No.2 of
2007 on the file of the learned Principal Sessions Judge, Tiruvallur.
Thereafter, the case has been split up as against the petitioner and A13
and re-numbered as S.C.No.162 of 2007 on the file of the learned II
Additional District and Sessions Judge, Poonamallee.
3. The learned counsel appearing for the petitioner submitted
that the petitioner is arrayed as A3. The original case in S.C.No.2 of 2007
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is ended in acquittal, by the Hon'ble Supreme Court of India in
Crl.A.Nos.639 of 2010 & 496 of 2012 dated 10.01.2023, insofar as the
other accused persons are concerned. He further submitted that the same
witnesses are going to be deposed in the split up case in S.C.No.162 of
2007, as against the petitioner & A13. Hence, he prayed to quash the
proceedings.
4. Heard the learned counsel appearing on either side and
perused the materials placed before this Court.
5. It is relevant to rely upon the judgment reported in 2007 (1)
LW (Crl.) 514 in the case of Tamilmaran Vs. State, in which this Court
held that in the event of acquittal of the other accused disbelieving the
entire prosecution case, no useful purpose would be served for putting
the accused to undergo the ordeal of trial. The said case is in reliance of
the judgment reported in 2000 (1) Crimes 73 in the case of Sunil Kumar
Vs. State. Admittedly, same witnesses are going to be examined.
Therefore, the above decision is squarely applicable to the case on hand.
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6. In view of the above, no purpose would be served if the trial
continues. Now the split up case is pending as against the petitioner &
A13. Though A13 did not file any quash petition, it applies to him also.
Therefore, the entire proceedings in S.C.No.162 of 2007 on the file of the
learned II Additional District and Sessions Judge, Poonamallee, is hereby
quashed as against the petitioner as well as A13.
7. Accordingly, and the Criminal Original Petition stands
allowed. Consequently, connected miscellaneous petition is closed.
06.02.2025
Index : Yes/No
Neutral citation : Yes/No
Speaking/non-speaking order
rts
https://www.mhc.tn.gov.in/judis
To
1. The II Additional District and Sessions Judge,
Poonamallee.
2. The Inspector of Police,
Korattur Police Station.
3. The Public Prosecutor,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
G.K.ILANTHIRAIYAN, J.
rts
06.02.2025
https://www.mhc.tn.gov.in/judis
