Madras High Court
K.R.Sivanathan vs State By on 22 September, 2022
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.O.P.Nos.22781 & 22794 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.09.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.Nos.22781 & 22794 of 2022
K.R.Sivanathan ...Petitioner in both petitions
Vs.
State by
The Deputy Superintendent of Police,
District Crime Branch,
Namakkal,
Namakkal Distrit. ...Respondent in both petitions
Prayer in Crl.O.P.No.22781 of 2022 : Criminal Original Petition is filed
under Section 482 of Cr.P.C., to call for entire records in so far relate to
order made in C.M.P.No.222 of 2019 (C.M.P.No.255A/2019) in
C.C.No.156 of 2020, dated 03.09.2022 on the file of the learned Judicial
Magistrate -I, Namakkal and set aside the same.
Prayer in Crl.O.P.No.22794 of 2022 : Criminal Original Petition is filed
under Section 482 of Cr.P.C., to call for entire records in so far relate to
order made in C.M.P.No.2265 of 2020 in C.C.No.741 of 2020 dated
03.09.2022 on the file of the learned Judicial Magistrate-I, Namakkal and
set aside the same.
Page 1 of 6
https://www.mhc.tn.gov.in/judis
Crl.O.P.Nos.22781 & 22794 of 2022
( In both the petitions)
For Petitioner : Mr.C.Prakasam for
Ms.R.Hemalatha
For Respondent : Mr.S.Santhosh
Government Advocate (Crl. Side)
COMMON ORDER
Crl.O.P.No.22781 of 2022 has been filed challenging the order made in C.M.P.No.222 of 2019 (C.M.P.No.255A/2019) in C.C.No.156 of 2020, dated 03.09.2022, on the file of the learned Judicial Magistrate -I, Namakkal.
2. Crl.O.P.No.22794 of 2022 has been filed challenging the order made in C.M.P.No.2265 of 2020 in C.C.No.741 of 2020 dated 03.09.2022 on the file of the learned Judicial Magistrate-I, Namakkal.
3. The petitioner is arrayed as A6 in Crl.O.P.No.22781 of 2022 and A11 in Crl.O.P.No.22794 of 2022. Based on the complaint lodged by the defacto complainant, the respondent police registered FIR in Crime No.2 of 2018 for the alleged offence under Sections 120B, 193, 466, 467, 468, Page 2 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.22781 & 22794 of 2022 471 and 420 IPC, and Crime No.3 of 2018 for the alleged offence under Sections 82(a), 82(b), 82(d) and 83 of Indian Registration Act r/w Sections 465, 468, 471 and 420 IPC, as against the petitioner and other accused persons.
4. The learned counsel for the petitioner would submit that the petitioner has approached the learned Judicial Magistrate-I, Namakkal, and gave statement under Section 164 Cr.P.C on the assurance given by the respondent police, if the petitioner giving confession statement, then his name may be brought in the witness list and it will help to prove charges against the other accused and it will help the prosecution to convict the accused persons. However, the petitioner's name is not considered as witness, he has been added as 6th and 11th accused respectively.
5. On a perusal of the records it revealed even before the statement was given, the respondent police has completed the investigation and filed final report in both the cases and the same have been taken Page 3 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.22781 & 22794 of 2022 cognizance trial in C.C.No.156 of 2020 and 741 of 2020, on the file of the learned Judicial Magistrate, Namakkal.
6. Pending trial, on the strength of the aforesaid grounds, the petitioner filed petitions to treat him as witness instead of accused. Further, the allegation as against the petitioner is that he fabricated the Power of Attorney as if the defacto complainant executed in his favour, and sold out the property and he also does not disclosed any documents shown that he had invested money under what heads. Therefore, there are specific allegation as against the petitioner to attract offences as alleged by the defacto complainant.
7. In view of the above, the trial Court has rightly dismissed the petition and hence, this Court finds no infirmity or illegality in the order passed by the court below. Therefore, these petitions are liable to be dismissed.
Page 4 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.22781 & 22794 of 2022
8. Accordingly, both the petitions stand dismissed.
22.09.2022 Index : Yes/No Speaking/Non speaking order ata To
1.The Deputy Superintendent of Police, District Crime Branch, Namakkal, Namakkal Distrit.
2.The Public Prosecutor, High Court, Madras.
Page 5 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.22781 & 22794 of 2022 G.K.ILANTHIRAIYAN. J, ata Crl.O.P.No.22781 & 22794 of 2022 22.09.2022 Page 6 of 6 https://www.mhc.tn.gov.in/judis