Ranjith Kumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2021

CORAM:

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN.,J CRL.O.P.No.8525 of 2016 and Crl.M.P.No.4451 & 4452 of 2016 Ranjith Kumar ... Petitioner /Accused

Versus

State Rep by its The Inspector of Police, E1, Mamallapuram Police Station, Kancheepuram Dsitrict ..Respondent /Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to proceedings in S.C.No.191 of 2015 on the file of Additional District and Sessions Judge, Chengalpet, Kancheepuram.

For Petitioner :

Mr.Nambirajan For Respondent :

Mr.E.Raj Thilak Counsel for Government (Crl. Side)

ORDER

The Criminal Original Petition has been filed seeking to quash the proceedings in S.C.No.191 of 2015, on the file of Additional District Sessions Judge, Chengalpattu. 2.

The case of the prosecution is that the petitioner along with other accused persons with an ulterior motive to stole the cars, booked the call taxi in friends track, call taxi, Chennai and attacked the driver of the car, who is the defacto complainant herein and also assaulted him. Based on the information received, the respondent police registered the case in Crime No.263 of 2011 under Section 394 of IPC.After investigation, the respondent police filed a final report before the District munsif Cum Judicial magistrate Court, Thirukkazhukundram in P.R.C.No.19 of 2011 and the same has been committed to the Principal District Sessions Judge, Chengalpet in S.C.No.191 of 2015 and the same has been transferred to the Additional District Sessions Judge for conducting further trial to contest the case. Challenging https://hcservices.ecourts.gov.in/hcservices/

the said proceedings, the petitioner filed this Criminal Original Petition seeking to quash the same.

3.

The learned counsel for the petitioner submitted that initially, the respondent police arrested one victor and based on the confession given by the said Victor, the respondent police arrested the petitioner. The petitioner is no way connected with the offence as alleged by the prosecution.

4.

Mr.E.Raj Thilak, Counsel for Government (Crl. Side) on instructions submitted that trial has already been commenced and started examining the witnesses. The nonbailable warrant is also pending against this accused person and hence, prays for dismissal of this petition. 5.

This Court has carefully considered the submissions made on either side and also perused the materials available on record.

6.

It is seen from the confession statement given by the petitioner that he himself admitted his guilt and now, denying the allegations leveled against him. Once the trial has commenced and witnesses have been examined, it is for the trial Court to appreciate the evidences. Under these circumstances, this Court is not inclined to quash the proceedings while exercising its jurisdiction under Section 482 of Cr.PC. Accordingly, this Criminal original petition is dismissed with a direction to the learned Additional District and Sessions Judge, Chengalpattu to complete the proceedings within a period of FIVE months from the date of receipt of copy of this order. Consequently, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rka To 1.The Additional District and Sessions Judge, Chengalpet.

2. The Inspector of Police, E1, Mamallapuram Police Station, Kancheepuram Dsitrict 3.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.8525 of 2016 PMK(CO) A.SK(19.08.2021) https://hcservices.ecourts.gov.in/hcservices/