Madras High Court
R.Thamaraiselvan vs State By on 10 August, 2017
Author: M.S.Ramesh
Bench: M.S.Ramesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.08.2017 CORAM THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.14918 of 2017 and Crl.M.P.Nos.9419 & 9420 of 2017 1.R.Thamaraiselvan 2.S.Venkatesan 3.Kasirajan 4.Lalith Kishore Kumar ... Petitioners/Accused Vs 1.State By Inspector of Police, St.Thomas Mount Police Station, Chennai, (Crime No.1062 of 2016) ... Respondent/Complainant 2.S.Baskaran ... Respondents/Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the case in C.C.No.764 of 2016 on the file of the learned Judicial Magistrate, Alandur and quash the same. For Petitioners : Mr.R.C.Paul Kanagaraj For Respondents : Mr.P.Govindarajan Additional Public Prosecutor, For R1 Mr.A.Dayalan, For R2 O R D E R
This Criminal Original Petition has been filed to challenge the case in C.C.No.764 of 2016 on the file of the learned Judicial Magistrate, Alandur, in which various grounds have been made and one among them is that the offences under Section 294(b), 353 and 506(i) IPC have not been made out.
2. On a perusal of the complaint as well as 161 Cr.P.C. statement, it is seen that apart from certain vague allegations, there is no specific averment implicating the petitioner for the offences under Sections 294(b), 353 and 506(i) of IPC. Further more, it is seen that the incident is of trivial in nature and that the case has been registered after two days from date of incident. The delay of two days may not be a valid ground to quash the case. But taking into account of the specific averment that there was a wordy quarrel between the petitioner and the defacto complainant, which is nothing but trivial in nature, in my view, can be deemed to be an act causing slight harm as defined under Section 95 of the I.P.C. and will not attract the provisions of Section 294(b) or 506(ii) I.P.C. and hence, the proceedings can be quashed by invoking Section 482 of Cr.P.C.
3. In fine, the Criminal Original Petition stands allowed and the proceedings in C.C.No.764 of 2016 on the file of the Judicial Magistrate, Alandur, is quashed. Consequently, connected miscellaneous petitions are closed.
10.08.2017
Index :Yes
Internet: yes
ms/ggs
To
1.The Judicial Magistrate,
Alandur.
2. The Inspector of Police,
St.Thomas Mount Police Station,
Chennai.
3.The Public Prosecutor,
High Court, Madras.
M.S.RAMESH.J,
ms/ggs
Crl.O.P.No.14918 of 2017
10.08.2017