N.Nagarajan v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.1086 of 2020 and Crl.M.P.(MD)Nos.477 and 478 of 2020
1. N.Nagarajan
2. P.Jeyashankar
3. V.Seenivasan : Petitioners/Accused 1, 2 & 4 Vs.
1.The Sub Inspector of Police, West Police Station Virudhunagar District : 1st Respondent/Complainant
2. A.Seethalakshmi Proprietor of Shree Siddharth Indane Gas 17/2, Weavers Colony Maharani Theatre Bus Stop Madurai Main Road, Aruppukottai, Virudhunar District :2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.201 of 2017 on the file of the Judicial Magistrate No.I, Virudhunagar and to quash the same as devoid of merits as against this petitioners For Petitioners : Mr.A.Haja Mohideen For R1 : Mr.S.Chandrasekar Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to quash the proceedings in C.C.No.201 of 2017 on the file of the Judicial Magistrate No.I, Virudhunagar.
2.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case with oblique motive. The respondent police conducted the investigation in a mechanical manner and filed the charge sheet as against the petitioners and hence, sought for quashment of the proceedings.
3.The learned Additional Public Prosecutor submitted that there are materials available to proceed with the case as against the petitioners herein and at the threshold, the criminal proceedings
cannot be quashed and the charges framed against the petitioners have to be gone into a full-fledged trial. Further, he would submit that the trial has also been commenced and hence, he prayed for dismissal of the petition.
4.This Court is of the view that all the grounds can be raised before the trial Court and there is no merit in the quash petition.
5. At this juncture, the learned counsel appearing for the petitioners prayed that the personal appearance of the petitioners before the trial Court, may be dispensed with. 6.Accepting the said submission, the presence of the petitioners before the trial Court shall be dispensed with on condition that they shall be present on the first day of appearance , on the date fixed for receiving the copies, initial questioning, reply to charges and questioning under Section 313 of Cr.P.C., and at the time of passing judgment and whenever insisted upon by the trial court.
7.The petitioners are further directed to give an undertaking in the form of affidavit that they will be duly represented by a counsel on all hearing dates and that the Counsel representing them will cross examine the prosecution witnesses on the same day they are examined in chief. The petitioners shall not dispute the identity of the witnesses. The petitioners shall appear before the Court in the event their presence is insisted by the trial judge for the purpose of identification. If the petitioners adopts any dilatorial tactics, it is open to the Trial Court to insist for their appearance and deal with the petitioners in accordance with the judgment of Supreme Court of India, in State of Uttar Pradesh Vs. Shambunath Singh, reported in 2001 (4) SCC 667. 8.Accordingly, this Criminal Original Petition dismissed. Consequently, connected Miscellaneous Petition in Crl.M.P(MD) No.477 of 2020 stands closed and Crl.M.P(MD) No.478 of 2020 stands ordered.
Sd/- Assistant Registrar (AD-I) // True Copy // / /2020 Sub Assistant Registrar(CS) Aav To
1. The Judicial Magistrate No.I, Virudhunagar
2 The Sub Inspector of Police, West Police Station, Virudhunagar District
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC to Mr.A.HAJA MOHIDEEN, Advocate ( SR-3287[F] dated 28/01/2020 ) Crl.O.P.(MD)No.1086 of 2020 and Crl.M.P.(MD)Nos.477 and 478 of 2020 24.01.2020 VB(07.02.2020) 3P 5C