Madras High Court
Lakith Hussain vs The State Rep. By Its on 10 February, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.O.P.No.3436 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.3436 of 2025
and Crl.M.P.No.2264 & 2265 of 2025
Lakith Hussain ... Petitioner
Vs.
1. The State rep. by its
The Inspector of Police,
Central Crime Branch,
Team XVI, Vepery,
Chennai – 600 007.
2. Vivek Surana ... Respondents
Prayer: Criminal Original petition filed under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating
the charge sheet in C.C.No.356 of 2023 on the file of the learned Judicial
Magistrate Court No.I, Poonamallee, quash the same as against this
petitioner.
For Petitioner : Mr.S.Senthilnathan
For Respondents
For R1 : Mr.K.M.D.Muhilan
Government Advocate (Crl. Side)
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Page 1 of 9
Crl.O.P.No.3436 of 2025
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Page 2 of 9
Crl.O.P.No.3436 of 2025
ORDER
This petition has been filed to quash the proceedings in
C.C.No.356 of 2023, pending on the file of the learned Judicial
Magistrate Court No.I, Poonamallee, as against the petitioner.
2. The learned Counsel appearing for the petitioner would
submit that the petitioner is innocent and he has not committed any
offence as alleged by the prosecution. Without any base, the first
respondent police registered a case in Crime No.39 of 2022 for the
offences under Sections 465, 467, 468, 471, 448 r/w120 & 109 of IPC, as
against the petitioner and the same has been taken cognizance in
C.C.No.356 of 2023 on the file of the learned Judicial Magistrate Court
No.I, Poonamallee. Hence he prayed to quash the same.
3. On instruction, the learned Government Advocate (Crl.
Side) appearing for the respondent police submitted that the trial has
been commenced and some of the witnesses have been examined in this
case.
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4. Heard the learned Counsel appearing on either side and
perused the materials placed on record.
5. It is seen that on the complaint lodged by the second
respondent, the first respondent registered a case in Crime No.39 of 2022
for the offences under Sections 465, 467, 468, 471, 448 r/w120 & 109 of
IPC. After completion of investigation, the first respondent filed final
report and the same has been taken cognizance in C.C.No.356 of 2023,
by the trial Court and the trial has already been commenced. Therefore,
after commencement of trial, the question of quashment of entire
proceeding does not arise.
6. The Hon'ble Supreme Court of India in the judgment
reported in 2019 (4) SCC 351 in the case of Devendra Prasad Singh Vs.
State of Bihar & Anr., (Crl.A.No.579 of 2019 dated 02.04.2019) while
dealing with the petition to quash the entire criminal proceedings held
that the High Courts have no jurisdiction to appreciate the statement of
the witnesses and record a finding that there were inconsistencies in their
statements and therefore, there was no prima facie case made out as
against the accused. It could be done only by the trial Court while
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deciding the issues on the merits or/and by the Appellate Court while
deciding the appeal arising out of the final order that the charge sheet has
been laid on the basis of the inconsistency statement under Section 180
of the Bharatiya Nagarik Suraksha Sanhita, 2023.
7. Fruther, the Hon'ble Supreme Court of India in the judgment
reported in 2019 (10) SCC 686 in the case of Central Bureau of
Investigation Vs. Arvind Khanna, (Crl.A.No.1572 of 2019 dated
17.10.2019) held that the High Courts cannot record the findings on the
disputed facts. The defence of the accused is to be tested after
appreciation of evidence by the trial Court during the trial. Therfore, this
Court has no power to consider the disputed facts under Section 528 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
8. The Hon'ble Supreme Court of India in another judgment
dated 02.12.2019 passed in Crl.A.No.1817 of 2019 in the case of
M.Jayanthi Vs. K.R.Meenakshi & anr, held that while considering the
petition for quashment of complaint or charge sheet, the Court should not
embark upon an enquiry into the validity of the evidence available. All
that the Court should see is as to whether there are allegations in the
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complaint which form the basis for the ingredients that consititue certain
offences complained of. Further, the Court can also see whether the
preconditions requisite for taking cognizance have been complied with or
not and whether the allegations contained in the complaint, even if
accepted in entirety, would not consititue the offence alleged. Whether
the accused will be able to prove the allegations in a manner known to
law would arise only at a later stage i.e., during trial.
9. Further this Court cannot observe at this stage that the
initiation of criminal proceeding itself is malicious. Whether the criminal
proceeding is malicious or not, is not required to be considered at this
state. The same is required to be considered at the conclusion of the trial.
Therefore, the ground raised by the petitioner to quash the charge sheet
cannot be entertained to quash the entire proceedings.
10. In view of the above discussions, this Court is not inclined
to quash the proceedings in C.C.No.356 of 2023, pending on the file of
the learned Judicial Magistrate Court No.I, Poonamallee. The petitioner
is at liberty to raise all the grounds before the trial Court. The trial Court
is directed to complete the trial as expeditiously as possible.
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11. Accordingly, the Criminal Original Petition stands
dismissed. Consequently, connected miscellaneous petitions are also
closed.
10.02.2025
Index : Yes/No
Neutral citation : Yes/No
Speaking/non-speaking order
rts
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To
1. The Judicial Magistrate Court No.I,
Poonamallee.
2. The Inspector of Police,
Central Crime Branch,
Team XVI, Vepery,
Chennai – 600 007.
3. The Public Prosecutor,
Madras High Court,
Chennai.
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G.K.ILANTHIRAIYAN, J.
rts
and Crl.M.P.No.2264 & 2265 of 2025
10.02.2025
https://www.mhc.tn.gov.in/judis
