Ramasami v. The Station House Officer The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.10794 of 2025 Ramasami ... Petitioner Vs.

1. The Station House Officer, The Inspector of Police, Thandarampattu Police Station, Tiruvannamalai.

Crime No.472/2019.

2. Selvakumar ... Respondents PRAYER: Criminal Revision has been filed under Section 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to set aside an order passed in Crl.M.P.No.241/2022 in S.C.No.4/2022 dated 30.01.2025 by the learned Additional District Sessions Judge, Tiruvannamalai and call for the records and acquit the petitioner from all the charges. For Petitioner :

Mr.A.Sankar For Respondents For R1 :

Mr.S.Rajakumar Additional Public Prosecutor

ORDER

This Criminal Revision has been preferred challenging the order dated 30.01.2025 passed by the learned Additional District Sessions Judge, Tiruvannamalai, in Crl.M.P.No.241 of 2022 in S.C.No.4 of 2022, thereby dismissing the petition to discharge the petitioner. 2.

The petitioner is arrayed as A4 in S.C.No.4 of 2022. The case of the prosecution is that on 19.12.2019 at about 3.30 pm., when the defacto complainant's brother's son after levelling the land comprised in survey No.83/3G and was proceeding to his home near Thenmudiyalur Village, Agaram Pallipattu cellphone tower, the accused waylaid him and attacked him with deadly weapons. Therefore, he sustained grevious injury and died. On the complaint the first respondent registered the FIR in crime No.472 of 2019 for the offences punishable under Sections 147, 148, 341, 294(b), 324, 506(ii) & 307 of IPC. After demise of the deceased the offences have been altered into 147, 148, 341, 294(b), 324, 506(ii) & 302 of IPC. 3.

After completion of investigation, the first respondent filed final report and the same has been taken cognizance in S.C.No.4 of 2022 for the offences under Sections 147, 148, 294(b), 324, 506(ii), 307, 302, 326 & 149 of

IPC in which the petitioner is arrayed as fourth accused. Therefore, the petitioner filed petition to discharge him and the same has been dismissed by the Court below. Hence, the present revision. 4.

Heard the learned counsel appearing on either side and perused the materials placed before this Court.

5.

On perusal of the records, it is revealed that the petitioner attacked the deceased as well as other injured with koduval. Therefore, there are specific allegations as against the petitioner and the first respondent rightly charge sheeted as against the petitioner for the offences under Sections 147, 148, 294(b), 324, 506(ii), 307, 302, 326 & 149 of IPC. Further the presence of the petitioner was also confirmed by verification of mobile phone used by the petitioner with GPS details and tower location. Though the petitioner was arrested belatedly, there is a specific overt act as against the petitioner and as such the trial Court rightly dismissed the petition. This Court finds no infirmity or illegality in the order passed by the trial Court and this petition is liable to be dismissed.

6.

Accordingly, the Criminal Revision Case stands dismissed. 13.06.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order rts

To

1. The Additional District Sessions Judge, Tiruvannamalai.

2.The Station House Officer, The Inspector of Police, Thandarampattu Police Station, Tiruvannamalai.

3. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN. J, rts and Crl.M.P.No.10794 of 2025 13.06.2025