Sakthivel v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.06.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.No.14788 of 2022 and Crl.M.P.Nos.8187 and 8188 of 2022 1.Sakthivel 2.Dhanalakshmi ... Petitioners/Accused 1 & 2 Vs.

1.The State Rep. by The Inspector of Police Singarapettai Police Station Krishnagiri District (Crime No.9 of 2018) .. Respondent/Complainant 2.Rajivganthi ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records pertaining to the Charge Sheet in C.C.No.14 of 2020, pending on the file of the learned Judicial Magistrate, Uthangarai and to quash the same. For Petitioners : Mr.S.Sathish Rajan For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor for R1

O R D E R

This Criminal Original Petition filed is under Section 482 of Cr.P.C., to call for the records pertaining to the Charge Sheet in C.C.No.14 of 2020, pending on the file of the learned Judicial Magistrate, Uthangarai, in Crime No.9 of 2018, for the offence u/s.294(b), 323 & 324 I.P.C. and to quash the same. 2.The main ground on which the quashment sought is that, despite the negative report filed by the police in a counter case, the learned Magistrate took cognizance and there is no reasons assigned by the learned Magistrate for taking cognizance of the case. Therefore, the learned counsel seeks for a direction to quash the final report filed in C.C.No.14 of 2020. 3.At the outset, this Court is unable to agree with the said contentions of the learned counsel for the petitioners. Merely because the police has filed a negative report, it is does not

mean to say that the learned Magistrate should not apply his mind and take cognizance of the matter. The learned Magistrate could scrutinize the report filed by the police and if any material available on record either by way of positive or negative report, the learned Magistrate can take cognizance of the proceedings and that cannot be a ground for seeking a direction to quash the proceedings.

4.Since the case arises out of counter case, the learned Magistrate is hereby directed to dispose of both the cases at the same time and conduct a separate trial in both the cases. The learned Magistrate shall not be influenced by the evidence recorded in one case while deciding the other case. 5.Considering the above, both the cases should be decided as per the guidelines issued by the Hon'ble Apex Court in 1990 (Supp) Supreme Court Cases 145 in Nathilal and others V. State of U.P. and another.

6.With the above direction, this Criminal Original Petition stands dismissed. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar kas To 1.The Judicial Magistrate,Uthangarai.

2.The Inspector of Police Singarapettai Police Station Krishnagiri District 3.The Public Prosecutor, High Court of Madras.

Chennai - 600 104.

CRL.O.P.No.14788 of 2022 &Crl.M.P.No.8187 & 8188 of 2022 GPL(CO) A.SK(15/07/2022)