Madras High Court
Kathirvel vs The State Of Tamil Nadu on 30 January, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Crl.OP(MD).No.19914 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.01.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.OP(MD).No.19914 of 2022
and
Crl.M.P.Nos.13703 & 13704 of 2022
1.Kathirvel
S/o.Ramasamy
2.G.Revathi
W/o.R.Gandhi ..Petitioners/Accused Nos.2 & 3
Vs.
1.The State of Tamil Nadu
rep.by the Inspector of Police
Palanichettipatti Police Station,
Theni District.
(Crime No.238 of 2018) ..1st Respondent/Complainant
2.Malarvizhi
W/o.Kannan ..2nd Respondent/De-factoComplainant
Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to quash the
charge sheet in C.C.No.196 of 2018 on the file of the learned Judicial Magistrate,
Theni and quash the same.
For Petitioners : Mr.Murugan.R
Advocate
For R1 : Mr.Thanga Aravindh.B
Government Advocate (Crl.Side)
For R2 : -No Appearance-
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Page 1 of 5
Crl.OP(MD).No.19914 of 2022
ORDER
This Criminal Original Petition is filed to quash the charge sheet in
C.C.No.196 of 2018 on the file of the learned Judicial Magistrate, Theni.
2. The case of the Prosecution is that there was a property dispute between
the Parties and on the date of the occurrence, the Accused persons are said to have
abused the De-facto Complainant in filthy language and attacked with a wooden
stick and also threatened with dire consequences. The case gave rise to a case and
counter, case registered in Cr.Nos.238 & 419 of 2018.
3. On completion of the investigation, a Final report was filed in both the
cases. Insofar as Cr.No.238 of 2018 is concerned, it culminated in CC.No.196 of
2018 before the Judicial Magistrate, Theni. Insofar as Cr.No.419 of 2018 is
concerned, it culminated in CC.No.390 of 2022 before the same Court.
4. When the case was taken up for hearing on 28.01.2025, this Court
passed the following order:
“When the matter was taken up for hearing today,
the learned counsel for the petitioner submitted that there was
a case and counter case registered for the same occurrence
and insofar as the complaint given by the petitioners which
was registered as Crime No.419 of 2018, the accused persons
pleaded guilty and were convicted and sentenced. In view of
the same, the other case is now pending before the Court
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below.
2. In the considered view of this Court, a case and
counter-case arising out of the same incident cannot be dealt
with in this manner and the position of law has been made
clear from the judgment of this Court in T.Balaji and another
v. The Sate, reported in [2024-2-L. W.(Crl.)175].
3. The learned Government Advocate shall take
instructions and report before this Court since the second
respondent has been served with notice and there is no
appearance for the second respondent.
4. Post this case on 30.01.2025.”
5. When the case was taken up for hearing today, the learned Government
Advocate (Crl.Side) submitted that in the counter case in CC.No.390 of 2022, the
Accused persons pleaded guilty and a judgment was passed on 10.07.2023 by
convicting the Accused persons and imposing sentence by way of fine. The copy of
the judgment was also produced before this Court.
6. In the considered view, the procedure adopted by the learned Judicial
Magistrate, Theni is illegal and while dealing with a case and counter case, there is
no question of disposing of one case and keeping the other case pending. This is in
view of the fact that both the cases have arisen out of the same incident.
7. This Court also takes into account the judgment of the Full Bench in
T.Balaji case referred supra. In view of the above, the continuation of the
proceedings against the Petitioners in CC.No.196 of 2018 on the file of the learned
Judicial Magistrate, Theni will result in abuse of process of law and in fact, the
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proceedings cannot continue since, the other case has been disposed of.
8. In the result, the proceedings in C.C.No.196 of 2018 on the file of the
learned Judicial Magistrate, Theni is hereby quashed and this Criminal Original
Petition stands allowed in the above terms. Consequently, connected Criminal
Miscellaneous Petitions are closed.
30.01.2025
NCC : Yes/No
Index : Yes/No
Internet : Yes
nst
To
1.The Judicial Magistrate,
Theni.
2.The Inspector of Police,
Palanichettipatti Police Station,
Theni District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
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N.ANAND VENKATESH, J.
nst
and
Crl.M.P.Nos.13703 & 13704 of 2022
Dated: 30.01.2025
https://www.mhc.tn.gov.in/judis
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