Madras High CourtCRL OP(MD)/24778/2015dismissed

V. Shanmugam v. The Inspector Of Police

2016-01-04Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2016

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)No.24778 of 2015 and M.P(MD)No.1 of 2015 V.Shanmugam ... Petitioner/Accused -Vs1. The Inspector of Police, Tamil Nadu Prohibition (PEW), E.B. Colony, North Gandhigram, Pasupathypalayam, Karur - 4.

... Respondent/Complainant

2. S.Prabaharan, The Inspector of Police, Tamil Nadu Prohibition (PEW), E.B. Colony, North Gandhigram, Pasupathypalayam, Karur - 4.

... Respondent/De-facto Complainant PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records relating to the criminal case proceedings in S.T.C.No.1064 of 2015 pending on the file of the learned Judicial Magistrate No.II, Kuzhithalai and quash the same. For Petitioner : Mr.M.A.M.Raja For Respondent-1 : Mrs.S.Prabha Government Advocate (Crl.side)

ORDER

The petitioner has come forward with this petition challenging the proceedings in S.T.C.No.1064 of 2015 pending on the file of the Judicial Magistrate No.II, Kuzhithalai.

2. The counsel for the petitioner submitted that the petitioner has been unnecessarily implicated in this case alleging that he had allowed the persons to consume alcohol in his premises. He further stated that the petitioner is running a broiler shop making chilly chicken and he had not allowed any one to consume alcohol in his premises and however, he has been falsely implicated in this case that too after the petitioner filing a petition before this Court seeking a direction not to harass the petitioner. Therefore, only to wreck vengeance, the respondent police has registered a case against the petitioner. Hence, the petitioner has come forward with this petition challenging the https://hcservices.ecourts.gov.in/hcservices/

proceedings in S.T.C.No.1064 of 2015 pending on the file of the Judicial Magistrate No.II, Kuzhithalai.

3. I have heard the counsel appearing on either side and perused the materials available on record.

4.The contentions raised by the petitioner are all the matters to be decided by the Trial Court based on the facts and evidences to be let in. Therefore, the disputed question of facts cannot be gone into by this Court, in view of the Judgment of the Hon'ble Supreme Court in HMT Watches Ltd., Vs. M.A.Abida & Another reported in (2015(2) CTC 446), wherein, it has been held that quashing of criminal complaint on the disputed question of facts cannot be entertained and it is a matter for trial to proceed with the criminal complaints. Hence, I find no reason to entertain the relief, as sought for by the petitioner.

5. In the result, the Criminal Original Petition is dismissed. M.P.(MD)No.1 of 2015 is closed. However, considering the facts and circumstances of the case, this Court directs the trial Court to dispense with the personal appearance of petitioner before it, upon the petitioner swearing to an affidavit informing his address for service, that he duly would be represented by his counsel on all hearing dates, that he would, at no instance, dispute his identity and that, he would appear before the trial Court, as and when required. Upon the petitioner doing so, the trial court may seek the presence of the petitioner before it, solely on the important hearing dates. Further, this Court directs the trial Court to expedite the hearing of the case in S.T.C.No.1064 of 2015 and proceed with the matter on day-to-day basis and the matter shall not be adjourned beyond three working days, at any point of time and take a decision as expeditiously as possible.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar TO

1. The Judicial Magistrate No.II. Kuzhithurai.

2. do through The Chief Judicial Magistrate, Karur District.

3. The Inspector of Police, Tamil Nadu Prohibition (PEW), E.B. Colony, North Gandhigram, Pasupathypalayam, Karur - 4.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO MR.M.A.M.RAJA, ADVOCATE IN SR NO. 337/16 SRM TE/GSV-AN/ : 11/02/2016 : 2P/5C Crl.O.P.(MD)No.24778 of 2015 04.01.2016 https://hcservices.ecourts.gov.in/hcservices/