P.Selvakumar v. S Iop Moolanur Ps Tirupur

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2018 CORAM :

THE HONOURABLE MR. JUSTICE P.N.PRAKASH Crl.O.P.No.23744 of 2018 and Crl.M.P.Nos.13361 and 13365 of 2018 P. Selvakumar .. Petitioner/Single Accused Vs

1. The Sub Inspector of Police Moolanur Police Station, Moolanur, Tiruppur District.

2. R. Panneerselvam ..Respondents/Defacto Complainant Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records relating to C.C.No.267 of 2014 on the file of learned Judicial Magistrate Court, Dharapuram, Thiruppur District and quash the same.

For Petitioner : Mr.S.Gunasekaran For R1 : Mrs.M.Prabhavathi, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to call for the records relating to C.C.No.267 of 2014 on the file of Judicial Magistrate Court, Dharapuram, Tiruppur District, and quash the same.

2. The petitioner is facing prosecution in C.C.No.267 of 2014 before the Judicial Magistrate Court, Dharapuram, Tiruppur District, for the offences under Sections 341, 294 (b), 323 and 506(ii) IPC, for quashing which, this petition has been filed.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor, appearing for the 1st respondent police.

4. The learned counsel for the petitioner submitted that a false complaint has been foisted against the petitioner by the de facto complainant in collusion with the petitioner's superior officers.

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5. However, on a reading of the complaint and the statements under Section 161(3) Cr.P.C. recorded by the police, it is alleged that the petitioner had attacked the de facto complainant and the de facto complainant had also undergone treatment in the hospital, which has been established by the statement of Dr.Manoharan, Assistant Medical Officer, N.G. Hospital, Singaranallur, Coimbatore.

6. Thus, when there are prima facie materials for the trial to proceed against the petitioner, it is not a fit case to quash the proceedings at the threshold.

Therefore, this Criminal Original Petition is dismissed with a direction to the trial Court to complete the trial in C.C.No.267 of 2014 within a period of six months from the date of receipt of a copy of this order, provided the petitioner co-operates. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar mkn/ssr To

1. The Sub Inspector of Police Moolanur Police Station, Moolanur, Tiruppur District.

2. The Judicial Magistrate Court, Dharapuram, Thiruppur District

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Gunasekaran, Advocate SR.NO.69202 KJ(CO) sm:30.10.2018 Crl.O.P.No.23744 of 2018 https://hcservices.ecourts.gov.in/hcservices/