Madhan @ Prasanth v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2022
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.4531 OF 2022 AND CRL.M.P.NOS.2327 & 2328 OF 2022 Madhan @ Prasanth S/o.Jayaraman ... Petitioner/Accused (A5) vs.
1. The Inspector of Police, Thirukkazhukundram Police Station, Thirukkazhukundram, Chengalpattu District.
2. J.Pazhani ... Respondents/Respondent & Defacto Complainant PRAYER:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records connected with proceedings of PRC.No.27 of 2015 pending trial on the file of the learned District Munsif Cum Judicial Magistrate at Thirukkazhukundram.
For Petitioner : Mr.A.Venkatesan For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor For R1 No appearance for R2
ORDER
This petition has been filed seeking to call for the entire records connected with proceedings of PRC.No.27 of 2015, pending on the file of the learned District Munsif Cum Judicial Magistrate at Thirukkazhukundram.
2. The learned counsel appearing for the petitioner would submit that excepting naming the petitioner as 5th accused, no other specific overt act against the petitioner. He would further submit that the 2nd respondent/de-facto complainant was admitted in the hospital on 12.06.2014 and he has been discharged on the very next day. Therefore, he seeks to quash the proceedings.
3. The learned Additional Public Prosecutor would submit that it is the case where the petitioner along with 12 other person assaulted the de-facto complainant with deadly weapons like knife, iron rods and stick. The de-facto complaint has sustained injuries and the petitioner's name is in the FIR as well as in the statement.
4. Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the 1st respondent and perused the entire materials available on record.
5. This Court finds that there are materials available as against the petitioner and thereby, the proceedings cannot be interdicted when there are materials available. There is no merit in the petition.
6. However, taking into consideration the charge sheet, the case has been registered in the year 2014 and PRC is pending from the year 2015, this Court directs the learned District Munsif cum Judicial Magistrate, Thirukkazhukundram, to commit the case to the trial Court as expeditiously as possible, preferably, within a period of two months from the date of receipt of a copy of this order.
7. This Criminal Original Petition stands dismissed with the above direction. Consequently, connected Criminal Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vkr To 1.
The District Munsif cum Judicial Magistrate, Thirukkazhukundram.
2.
The Inspector of Police, Thirukkazhukundram Police Station, Thirukkazhukundram, Chengalpattu District.
3.
The Public Prosecutor, High Court of Madras.
+1cc to Mr.A.Venkatesan, Advocate, S.R.No.14074 CRL.O.P.NO.4531 OF 2022 AND CRL.M.P.NOS.2327 & 2328 OF 2022 SR(CO) PBS/17/03/2022