Munusamy@Yesu v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.M.P.Nos.8498 & 9890 of 2024 1.Munusamy @ Yesu 2.Selvaraj @ Jone 3.Sudah ... Petitioners Vs.

1.The Inspector of Police, Thiruvannamalai Taluk Police Station, Thiruvannamalai District.

(Crime No.816 of 2019) 2.Sasikala ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records related to Spl.S.C.No.23 of 2021 on the file of the Sessions Judge, Special Court for SC/ST Act, Thiruvannamalai and quash the same.

For Petitioners : Mr.D.Vijay For R1 : Mr.S.Udayakumar Government Advocate (Crl.Side) 1/4

O R D E R

This Criminal Original Petition is filed to quash the Spl.S.C.No.23 of 2021 on the file of the Sessions Judge, Special Court for SC/ST Act, Thiruvannamalai.

2.

The learned counsel appearing for the petitioner would submit that the reading of the complaint and the Accident Register would clearly show that the injured Kokulakrishnan has informed the doctor that he was assaulted by four unknown persons and the injury noticed by the doctor is only simple in nature. Whereas, at the same time the said Kokulakrishnan and others had attacked Velavan and Tamilarasan and they too sustained injury. The case has been registered against 5 persons in which the Kokulakrishnan is one of the accused. He further submits that to counter blast the said case, the present complaint been filed as if there was an attempt to murder Kokulakrishnan. Hence seeks for quash of the complaint.

3.

The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that it is a case and case in counter. 2/4

In the course of investigation, having found that there is substance in both the complaints regarding commission of cognizable offence, final report in both Crime Nos.814 and 816 of 2019 been filed and same are pending trial before the Sessions Court, Thiruvannamalai as S.C.No.108 of 2021 and S.C.No.6 of 2020.

4.

Considering the material placed by the prosecution, this Criminal Original Petition stands dismissed. The Sessions Judge is directed to take up both the cases together and record evidence one after other. The trial in both cases shall preferably completed within a period of six months. Consequently, the connected Criminal Miscellaneous Petitions are also dismissed.

11.07.2024 Index : Yes/No rpl To 1.The Sessions Judge, Special Court for SC/ST Act, Thiruvannamalai 2.The Inspector of Police, Thiruvannamalai Taluk Police Station, Thiruvannamalai District.

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Dr.G.JAYACHANDRAN,J.

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

11.07.2024 4/4