Madras High Court
) Ganeshan vs ) Ganapathy ... 1St on 20 September, 2019
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Crl.O.P.(MD).No.11921 of 2017
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.09.2019
CORAM:
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
Crl.O.P.(MD).No.11921 of 2017
and
Crl.M.P.(MD) Nos.8194 & 8195 of 2017
1) Ganeshan
2) Dhamotharan
3) Rajan
4) Muthaiyan
5) Siva @ Sivakumar
6) Jeyaraj ... Petitioners/ Accused 1 to 6
Vs.
1) Ganapathy ... 1st Respondent / Petitioner
2) The Inspector of Police,
Manavalamkurichi Police Station,
Kanyakumari District. ... Respondent / Complainant
PRAYER: Criminal Original Petition is filed under Section 482 of
Cr.P.C. to call for the records pertaining to the orders passed in
Crl.Revision Petition No.20 of 2009 dated 05.09.2013 on the file of
the learned Sessions Court, Nagercoil, Kanyakumari revising the
order passed by Judicial Magistrate, Eraniel in Cr.M.P.No.3363 of
2007 dated 03.09.2007 and to set aside the same.
http://www.judis.nic.in
Crl.O.P.(MD).No.11921 of 2017
2
For Petitioners : Mr.S.C.Herold Singh
For R2 : Mr.S.Chandrasekar
Additional Public Prosecutor
******
ORDER
This Criminal Original Petition has been filed challenging the order passed by the Court below allowing the protest petition filed by the first respondent and setting aside the order passed by the learned Judicial Magistrate, Eraniel.
2. The first respondent had given a complaint against the petitioners and an F.I.R. came to be registered in Crime No.241 of 2005 for offence under Sections 147, 294(b), 5069ii) of I.P.C. and 3(1)X of SC/ST Act. After investigation, a closure report came to be filed before the learned Judicial Magistrate, Eraniel.
3. The first respondent filed a protest petition before the learned Judicial Magistrate, Eraniel in Cr.M.P.No.3363 of 2007 and the same was dismissed by the learned Judicial Magistrate, Eraniel by an order dated 03.09.2007. Aggrieved by the same, the first respondent filed a criminal revision petition before the Sessions http://www.judis.nic.in Crl.O.P.(MD).No.11921 of 2017 3 Court, Nagercoil and the said revision was allowed by order dated 05.09.2013. Aggrieved by the same, the present criminal original petition has been filed.
4. The learned counsel for the petitioners submitted that the entire dispute between the parties is civil in nature and a false complaint has been given by the first respondent. The learned counsel further submitted that the police conducted a thorough enquiry and found the complaint to be false and therefore, a closure report was filed. Even the protest petition was dismissed and the Sessions Court went wrong in entertaining the revision and directed the trial Court to take the final report on file and proceed further in accordance with law.
5. The learned Additional Public Prosecutor appearing on behalf of the respondent police submitted that, pursuant to the orders passed by the Sessions Court, the learned Judicial Magistrate, Eraniel has already taken the final report on file in P.R.C.No.25/2014 for offences under Section 147, 294(b) 506(ii) IPC and Section 3(1)(X) of SC/ST Act.
http://www.judis.nic.in Crl.O.P.(MD).No.11921 of 2017 4
6. In view of the above development, this Court is not inclined to interfere with the order passed by the Sessions Court, Nagercoil at this stage.
7. The learned counsel for the petitioners also requested this Court to dispense with the appearance for the petitioners before the Court below.
8. Considering the facts and circumstances of the case, the presence of the petitioners is dispensed with and they shall be represented by a counsel before the Court below. The petitioners shall be present at the time of framing of charges, questioning under Section 313 of Cr.P.C and at the time of final hearing. The learned counsel representing the petitioners shall cross examine the witnesses on the same day, they are examined in chief and the petitioners shall not dispute the identity of the witnesses.
9. This Criminal Original Petition is disposed of with a direction to the learned Judicial Magistrate, Eraniel, to immediately commit the case to the Special Court dealing with SC/ST cases. The Special Court, immediately on receipt of the case records, shall proceed http://www.judis.nic.in Crl.O.P.(MD).No.11921 of 2017 5 further and complete the proceedings within a period of three(03) months thereafter. Consequently, connected miscellaneous petitions are closed.
20.09.2019
Index : Yes/No
Internet : Yes/No
sts
To
1) The Sessions Court,
Nagercoil, Kanyakumari
2) The Court of the Judicial Magistrate, Eraniel.
3) The Inspector of Police, Manavalamkurichi Police Station, Kanyakumari District.
4) The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
http://www.judis.nic.in Crl.O.P.(MD).No.11921 of 2017 6 N.ANAND VENKATESH, J.
sts Order made in Crl.O.P.(MD).No.11921 of 2017 Dated:
20.09.2019 http://www.judis.nic.in