Kadhirmani, Aged 56 Yrs, v. The Deputy Superintendent Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10540 of 2017 and Crl.M.P.Nos.6952 & 6953 of 2017 and WMP No.1030 of 2019 1.Kadhirmani 2.Arumugam 3.Rajemdran 4.Periyasamy 5.Mani 6.Ekambaram 7.Chinnasamy, 8.Irusappan 9.Varadharaj 10.Ganesan 11.Manikandan 12.Ramar 13.Mani 14.Selvaraj 15.Duraisamy @ Dubai 16.mani @ Manivel 17.Chengamalai 18.Rajendran 19.Karthikeyan 20.Palanimuthu 21.Velmurugan 22.Kolanjinathan 23.Sekar @ Gnanasekar 24.Saravanan 25.Kandasamy 26.Ganesan 27.Sadaiyan @ Gobal 28.Kali Pichaipillai 29.Chellasamy @ Chengali 30.Chengamalai 31.Palanisamy @ Palanivel 32.Ramasamy 33.Mahendran 34.Selvaraj 35.Kolanjinathan

36.Senthilkumar 37.Subramani 38.Thangaraju 39.Subramaniyan 40.Thangaraju 41.Arumugam 42.Ramar 43.Elangovan 44.Ramar @ Gurusamy 45.Sekar @ Chandrasekar 46.Ramachandran 47.Subramanian 48.Alagesan 49.Rajendran 50.Subramani 51.Shanmugam 52.Thangavel 53.Velmurugan 54.Velmurugan 55.Nataraj 56.Senthilkumar 57.Rajendran 58.Murugesan 59.Thangavel ... Petitioners Vs.

1.State represented by Deputy Superintendent of Police, Perambalur, Perambalur District.

2.State respresented by Inspector of Police, Mangalamedu Police Station, Perambalur District.

(Crime No.182 of 1999) 3.Ellamuthu ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records and Quash the proceedings in PRC No.17/2001 pending on the file of the Learned Judicial Magistrate at Perambalur against the petitioners concerned. For Petitioners : Mr.G.P.Padmanapan For Respondents For R1& R2 : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed to Quash the proceedings in PRC No.17/2001 pending on the file of the Learned Judicial Magistrate at Perambalur against the petitioners concerned.

2. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Without any base, the first respondent police registered a case in Crime No.182 of 1999 for the offences under Sections 148, 481, 324, 326, 436 of IPC R/W.3(ii), (iv), (v) 3(1) (15) of the SC/ST (Prevention of Atrocities) Act 1989 and the same was taken cognizance in PRC.No.17 of 2001 by the learned Judicial Magistrate, Perambalur.

3. The learned Additional Public Prosecutor would submit that there are specific allegations as against the petitioners to attract the offence under Section 148, 481, 324, 326, 436 of IPC R/W.3(ii), (iv), (v) 3(1) (15) of the SC/ST (Prevention of Atrocities) Act 1989. He further submitted that there are witnesses in this case and all the points raised by the petitioners have to be considered only during the trial. Therefore, he prayed to dismiss this petition.

4. Heard Mr.G.Padmanapan, learned counsel appearing for the petitioners and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor appearing for respondent 1 & 2.

5. It is seen from the charge that there are specific avernments to attract the offences as against the petitioners. Further it is also seen that there are materials to connect the petitioners to the offences. More over all the points raised by the petitioners have to be considered only during the trial. The petitioners are at liberty to raise all the points before the Court below during the trial.

6. In view of the above discussions, this Court is not inclined to quash the proceedings in PRC.No.17 of 2001. However, considering the case is of the year 2001, the trial Court is directed to complete the trial proceedings within a period of three months from the date of receipt of copy of this Order.

7. With the above directions, this Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar pds/lok To 1.The Deputy Superintendent of Police, Perambalur, Perambalur District.

2.The Inspector of Police, Mangalamedu Police Station, Perambalur District.

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

4.The Judicial Magistrate, Perambalur.

Copy to The Section Officer, Criminal Section, High Court, Madras.

+1cc to Mr.G.Padmanabhan, Advocate Sr.19820 Crl.O.P.No.10540 of 2017 and Crl.M.P.Nos.6952 & 6953 of 2017 ssv[co] srg 27/04/2019