Murugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.1658 of 2020 and Crl.M.P.(MD)Nos.780 and 781 of 2020

1. Murugan

2. Arumugam

3. Madhan

4. Kumar@ Sappanimuthu

5. Velu @ Muthu Veerapandi

6. Vellaiah Thevar

7. Seethai : Petitioners/Accused No.1 to 7 Vs.

1.The State rep The Inspector of Police, Tirunelveli Town Police Station Tirunelveli District ... Respondent/Complainant 2.Varun : Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in PRC No.73 of 2019 on the file of the learned Judicial Magistrate No.IV, Tirunelveli and quash the same.

For Petitioners : Mr.A.B.Jeeva for Mr.M.Sankar For R1 : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the proceedings in PRC No.73 of 2019 on the file of the learned Judicial Magistrate No.IV, Tirunelveli .

2.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been 1/3

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 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 6 and 7 before the Sessions 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, on the date of committal proceedings and before the Sessions Court for 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 6 and 7 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 6 and 7 shall not dispute the identity of the witnesses. The petitioners 6 and 7 shall appear before the Court in the event their presence is insisted by the trial judge for the purpose of identification. If the petitioners 6 and 7 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 Petitions are closed. Further it is made clear that all the petitioners are directed to appear before the Committal Court on 07.02.2020 for committal. The 2/3

presence of the other petitioners 1 to 5 may be dispensed with on filing a petition for dispense with their appearance before the Sessions Court and the Sessions Court shall consider the same and pass order.

Sd/- Assistant Registrar(AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) aav To

1. The Judicial Magistrate No.IV, Tirunelveli

2. The Inspector of Police, Tirunelveli Town Police Station Tirunelveli District

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Crl.O.P.(MD)No.1658 of 2020 and Crl.M.P.(MD)Nos.780 and 781 of 2020 04.02.02020 KM(CO) TR(05.02.2020) 3P 4C 3/3