Jamunarani v. The State Rep By, The Inspector Of Police,

IN THE HIGH Court OF JUDICATURE AT MADRAS

DATED: 05-08-2025

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY AND CRL MP NO. 14917 OF 2025

1. JAMUNARANI W/o. Govindasamy,

2. Govindasamy S/o. Chenniyappan, Both are resising at No.293/5, thai Nagar, KAnjikovil Road, Karumandisellipalayam, Perundurai Taluk, Erode District.

Petitioner(s) Vs

1. The State rep by, The Inspector of Police, Uthukuli Police Station, Tiruppur District.

2.T. Dharmakrishnan S/o. Thulasirammraja, No.F1, Vetri Plots, Sabapthi Street, Ullakaram, Chennai-600091.

Respondent(s)

PRAYER This criminal original petition is filed under Section 528 of BNSS praying to call for the records relating in C.C.No.79 of 2020 on the file of the District Munsif cum Judicial Magistrate, Uthukuli, and quash the same by allowing this Criminal Original petition.

For Petitioner(s):

Mr.M.Guruprasad For Respondent(s):

Dr.C.E.Pratap, Government Advocate (Crl.Side) for R1

ORDER

The petition is filed with a direction to quash the final report filed in CC No. 79 of 2020 on the file of the learned District Munsif cum Judicial Magistrate, Uthukuli.

2. On a perusal of the final report and the other materials, it can be seen that on account of a parking dispute, there arose a wordy quarrel on account of which the charge sheet has been filed.

3. When the listed witnesses have spoken about the words spoken by the petitioner in the public place and the offence is registered under Section 294(b) of I.P.C., and similarly the threat is also spoken to by the witnesses, by

considering the other materials which are in the form of a defence, this Court cannot conduct a mini trial while considering the quash application filed by the petitioner.

4.Accordingly, leaving open the liberty of the petitioner to raise all the defences before the trial Court, this petition is disposed of. At this stage, the learned counsel for the petitioner prays that the presence of the complainant can be dispensed with before the trial Court, and the trial Court can also be directed to dispose of the case as expeditiously as possible. 5.Considering the overall facts and circumstances, the said prayers can be acceded to. In view thereof, this criminal original petition is disposed of on the following terms:

(i) The prayer to quash the final report in CC No.79 of 2020 shall stand negatived;

(ii)The presence of the petitioner before the trial Court except for the necessary hearings such as framing of the charges, questioning and such other hearings as may be insisted upon by the trial Court is dispensed with;

(iii)Then the trial Court is directed to conduct the trial in CC

No.79 of 2020 as expeditiously as possible and complete the case in any event not later than 6 months from the date of receipt of the copy of the order.

(iv) Consequently, the connected miscellaneous petition is closed.

05-08-2025 jrs Index:No Speaking order Internet:Yes

To 1.The Inspector of Police, Uthukuli Police Station, Tiruppur District.

2.The Public Prosecutor, High Court of Madras.

D.BHARATHA CHAKRAVARTHY J.

jrs CRL OP No. 21796 of AND CRL MP NO.

14917 OF 2025 05-08-2025