Madras High Court
C.Subash vs The Inspector Of Police on 24 April, 2024
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.O.P.(MD)No.3758 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.04.2024
CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI
Crl.OP(MD) No.3758 of 2024 and
Crl.MP(MD) Nos.2968 & 2969 of 2024
C.Subash ... Petitioner
Vs
1.The Inspector of Police,
Vellichanthai Police Station,
Kaniyakumari District.
2.T.Senthooran ...Respondents
Prayer : Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to call for the records relating to CC No.391 of
2023 on the file of the Judicial Magistrate, Eraniel, Kanniyakumari
District and quash the same.
For Petitioner : Mr.H.Velavadhas
For R1 : Mr.P.Kottaichamy
Government Advocate(Crl.side)
ORDER
This Criminal Original Petition is filed to quash the proceedings in CC No.391 of 2023 on the file of the Judicial Magistrate, Eraniel, Kanniyakumari, insofar as the petitioner is concerned. https://www.mhc.tn.gov.in/judis 1/5 Crl.O.P.(MD)No.3758 of 2024
2.The case of the prosecution is that the petitioner along with other accused has abused, assaulted the defacto complainant by using weapons and caused injuries to him. Further allegation as against the accused persons is that they have damaged the defacto complainant's two wheeler. Therefore, a case in Crime No.118 of 2023 has been registered as against the petitioner and the other accused persons for the offence punishable under Sections 147, 341, 294(b), 323, 427 and 506(ii) IPC. The petitioner was arrayed as fifth accused in the above case. Final Report has also been filed by the respondent police and the same was taken on file in CC No.391 of 2023 by the learned Judicial Magistrate, Eraniel.
3.The learned Counsel for the petitioner has raised various grounds to quash the above proceedings in CC No.391 of 2023 as against the petitioner that the charge sheet reveals that the ingredients for attracting the alleged offence under Sections 147, 294b and 427 IPC has not been established by the prosecution. He further submits that the petitioner is a graduate and he is expecting an employment. Pendency of this case is an impediment for getting employment opportunities. https://www.mhc.tn.gov.in/judis 2/5 Crl.O.P.(MD)No.3758 of 2024
4.Mr.P.Kottaichamy, learned Government Advocate (Crl.side), who takes notice for the official respondent strongly objects for quashing the proceedings in CC No.391 of 2023 and submits that the grounds raised by the petitioner is a matter for trial.
5.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the first respondent.
6.Though the petitioner has raised several grounds, this Court is of the opinion that it can be appreciated only during the trial. Therefore, this Court is not inclined to entertain this petition and accordingly, this Criminal Original Petition is dismissed. However, liberty is granted to the petitioner to raise all these grounds before the trial Court, during trial. Considering the submission made by the petitioner's counsel that the petitioner is expecting employment, the trial Court is directed to conclude the trial as expeditiously as possible preferably within a period of six months from the date of receipt of a copy of this order. The respondent police is also directed to produce the https://www.mhc.tn.gov.in/judis 3/5 Crl.O.P.(MD)No.3758 of 2024 witnesses before the trial Court without any delay. Consequently, connected miscellaneous petitions are closed.
23.04.2024 NCC : Yes/No Index : Yes/No Internet:Yes vrn To
1.The Judicial Magistrate Court, Eraniel, Kanniyakumari.
2.The Inspector of Police, Vellichanthai Police Station, Kaniyakumari District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis 4/5 Crl.O.P.(MD)No.3758 of 2024 B.PUGALENDHI,J vrn Order made in Crl.OP(MD) No.3758 of 2024 and Crl.MP(MD) Nos.2968 & 2969 of 2024 24.04.2024 https://www.mhc.tn.gov.in/judis 5/5