Kalai @ Arasakalai v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.06.2016
CORAM:
THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. No.9978 of 2016 & Crl.M.P. Nos.5284 and 5285 of 2016 Kalai @ Arasakalai Petitioner/Accused No.1 vs.
State represented by Inspector of Police Udumalpet Police Station Thiruppur District P. Baskaran Respondents/Complainant & Defacto Complainant Criminal Original Petition filed under Section 482 Cr.P.C. seeking to call for the records and quash the proceedings pending before the Judicial Magistrate No.1, Udumalpet in C.C. No.339 of 2014.
For petitioner Mr. M. Arun For R1 Mr. C. Emalias Additional Public Prosecutor
ORDER
This Criminal Original Petition is filed seeking to call for the records and quash the proceedings pending before the Judicial Magistrate No.1, Udumalpet in C.C. No.339 of 2014. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent-State.
On the complaint lodged by one Baskaran, the second respondent, the first respondent police registered a case in Crime No.2617 of 2011 and after completing the investigation, has filed a final report before the Judicial Magistrate No.1, Udumalpet for offences under Sections 294(b), 323, 324 and 506 (II) IPC in C.C. No.339 of 2014, challenging which, the petitioner (A1) is before this Court.
It is the case of the prosecution that on 13.11.2011, the de facto complainant was attacked by the petitioner (A1) on account of previous enmity with a steel rod and that he was admitted to the hospital.
The learned counsel for the petitioner submitted that in the communication dated 31.12.2013 exchanged between the Inspector of Police, Udumalpet Police Station and the Deputy Superintendent of Police, Udumalpet Sub Division, it is stated that the investigation in C.C. No.2617 of 2011 has been closed as false and therefore, the entire prosecution stands vitiated. This Court gave its anxious consideration to the facts obtaining in this case.
It is seen that the investigation was completed as early as on 09.12.2011 and the final report also has been taken on file by the Judicial Magistrate Court No.I, Udumalpet, on 26.08.2014 and numbered as C.C. No.339 of 2014. The first respondent police have also recorded the statement of the doctor who has given treatment to the injured. Thereafter, if any intra-departmental communication takes place between the Inspector of Police and the Deputy Superintendent of Police, it cannot have any bearing on the decision of the Magistrate taking cognizance of the offence.
In view of the above, it cannot be stated that there are no sufficient materials for the prosecution to proceed further in the matter.
In the result, this Criminal Original Petition is dismissed with liberty to the petitioner to raise all the points before the Trial Court and the Trial Court is directed to complete the trial within a period of six months from the date of receipt of a copy of this order, provided, the accused cooperates in the trial by engaging a counsel and cross examining the witnesses on the day they are examined-in-chief. Connected Crl. M.Ps. are closed.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar cad
To The Judicial Magistrate No.1 Udumalpet The Deputy Superintendent of Police, Udumalpet Sub Division, Tiruppur District.
The Inspector of Police Udumalpet Police Station Thiruppur District The Public Prosecutor High Court of Madras Chennai 600 104 Crl.O.P. No.9978 of 2016 MSM(CO) EU 22.07.16