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.23737 of 2018 and Crl.M.P.Nos.13355 and 13356 of 2018 P.Selvakumar ..Petitioner/Accused Vs.

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

2. R.Senapathi ..Respondents/Defacto Complainant Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records relating to C.C.No.120 of 2015 on the file of learned Judicial Magistrate Court, Dharapuram, Thiruppur District and quash the same.

For Petitioner : Mr.S.Gunasekaran For Respondents : 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.120 of 2015 on the file of Judicial Magistrate Court, Dharapuram, Thiruppur District, and quash the same.

2. The petitioner is facing prosecution in C.C.No.120 of 2015 before the Judicial Magistrate Court, Dharapuram, Thiruppur District, for the offences under Sections 341, 294 (b) and 506(ii) IPC, for quashing which, he is before this Court.

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 and the petitioner has been falsely implicated in this case.

5. However, it is alleged in the charge sheet in C.C.No.120 of 2015 that the petitioner had wrongfully https://hcservices.ecourts.gov.in/hcservices/

restrained the de facto complainant on 27.03.2014 at 10.30 a.m. and abused him in public and further threatened to kill him, if he complains against the petitioner, to his superior officers.

6. On a reading of the FIR and the accompanying statements under Section 161(3) Cr.P.C. recorded by the police, it is seen that there are prima facie materials for the trial to proceed against the petitioner. Hence, this Court is of an opinion that, 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.120 of 2015 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.

mkn/ssr Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar 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 S.R.No.69201 KR/29/10/18 Crl.O.P.No.23737 of 2018 https://hcservices.ecourts.gov.in/hcservices/