Madras High Court
Barhanafathima vs State Through The on 28 January, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Crl.O.P.(MD)No.19933 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.01.2025
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.(MD) No.19933 of 2022
and
Crl.M.P.(MD) Nos.13731 and 13733 of 2022
1.Barhanafathima
2.Kathisathul Saburabanu
3.Left Sheik @ Sheik Abdul Rahuman
4.Thuguthu @ Seeni Mohammed Ibrahim
5.Nizar @ Mohamed Nizamuheen
... Petitioners /Accused Nos.1 – 4 & 6
Vs.
1.State through the
The Inspector of Police,
Devipattinam Police Station,
Ramanathapuram District.
(In Crime No.113 of 2016) ... 1st Respondent/Complainant
(Amended as per order of the Court dated
23.12.2022 in Crl.M.P.(MD) No.
16262 of 2022)
2.Jinnath Dhaga ... 2nd Respondent/
defacto complainant
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the entire records pertaining to the
charge sheet filed in C.C.No.354 of 2019 on the file of the Additional
Mahila Court, Ramanathapuram District in connection with Crime No.
1/6
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Crl.O.P.(MD)No.19933 of 2022
113 of 2019 on the file of the first respondent police and quash the same
insofar as the petitioners are concerned.
For Petitioners : Mr.B.Arun
For Respondents : Mr.A.Albert James
Additional Public Prosecutor
for R1
Mr.B.Mahendra Rajan for R2
ORDER
This petition has been filed seeking to quash the
proceedings pending in C.C.No.354 of 2019, on the file of the Additional
Mahila Court, Ramanathapuram.
2.Heard the learned counsel for the petitioners, the learned
Additional Public Prosecutor appearing on behalf of the first respondent
and the learned counsel appearing for the second respondent.
3.The case of the prosecution is that the petitioners illegally
trespassed into the property belonging to the second respondent and
assaulted her and snatched 5 sovereign gold chain from the second
respondent and also damaged the mobile phone and computer and
thereby caused a total damage of Rs.2 lakhs. Based on this complaint, the
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.19933 of 2022
first respondent registered an FIR in Crime No.113 of 2019. On
completion of investigation, a police report was filed before the Court
below as against the petitioners for offence under Sections 147, 452,
294(b), 323 and 506(ii) of IPC. Aggrieved by the same, the present
petition has been filed by the petitioners.
4.It is not necessary for this Court to go into any of the
issues in view of the fact that the Court below has taken rubber stamp
cognizance. For proper appreciation, the cognizance taken by the Court
below is scanned and extracted hereunder:
5.This Court by relying upon the judgment of the Apex
Court has repeatedly held that the process of taking cognizance is a
judicial process which requires application of mind. A rubber stamp
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Crl.O.P.(MD)No.19933 of 2022
cognizance is no cognizance in the eye of law since what is being done is
to put the seal in the complaint and fill-up the gaps. Such rubber stamp
cognizance has been frowned upon by this Court. Useful reference can
be made to the judgment of this Court in Shanmugam and others v.
Inspector of Police, Ariyalur Police Station, Ariyalur and others,
reported in (2019) 3 MLJ (Crl.) 339. The Apex Court also dealt with this
issue in S.K.Sinha, Chief Enforcement Officer v. Videocon
International Ltd & Ors., reported in (2008) 1 SCC (Crl.) 471.
6.In view of the above, the rubber stamp cognizance taken
by the Court below is hereby set aside. The matter is remitted back to the
file of the Additional Mahila Court, Ramanathapuram and the learned
Judicial Magistrate shall apply his mind on the allegations made in the
complaint and the materials relied upon and pass appropriate orders
which must reflect the application of mind. This process shall be
complied within a period of four weeks from the date of receipt of a copy
of this order.
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Crl.O.P.(MD)No.19933 of 2022
7.In the result, this Criminal Original Petition is allowed in
the above terms. Consequently, connected miscellaneous petitions are
closed.
28.01.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
PKN
To
1.The Additional Mahila Court, Ramanathapuram.
2.The Inspector of Police,
Devipattinam Police Station,
Ramanathapuram District.
3.The Additional Public Prosecutor
Madurai Bench of Madras High Court.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.19933 of 2022
N.ANAND VENKATESH,J.
PKN
Crl.O.P.(MD)No.19933 of 2022
Dated: 28.01.2025
https://www.mhc.tn.gov.in/judis
