Madras High CourtCRL OP(MD)/2616/2015allowed

Pushparaj v. The Inspector Of Police

2015-02-26Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2015

CORAM

THE HON'BLE MR.JUSTICE C.T.SELVAM CRL.O.P.(MD)No.2616 of 2015 and M.P(MD)No.1 of 2015

1. Pushparaj

2. Muthu

3. Ganapathy

4. Jeyaraj

5. Mariappan

6. Sudalaimani

7. Sathyamoorthi

8. Perumal

9. Jeyaraj ... Petitioners Vs.

The State represented by the Inspector of Police, Puliampatti Police Station, Thoothukudi District.

(Crime No.214 of 1995) ... Respondent Prayer: Criminal Original Petition is filed under section 482 of the Code of Criminal Procedure, to call for the records in connection with the impugned charge sheet in C.C.No.36 of 2000 pending on the file of the learned Judicial Magistrate No.I, Kovilpatti and quash the same insofar as the petitioners are concerned.

For Petitioners : Mr.G.Thalaimutharasu For Respondent : Mr.K.Anbarasan Govt. Advocate (Crl.side)

O R D E R

This Criminal Original Petition is filed to quash the charge sheet in C.C.No.36 of 2000 pending on the file of the learned Judicial Magistrate No.I, Kovilpatti insofar as the petitioners are concerned.

2. Pursuant to communal tensions prevailing in Tirunelveli District at the relevant point of time, several cases came to be registered. The petitioners are the accused Nos.3, 4, 7, 8, 34, 45, 46, 48 and 52 in Crime No.214 of 1995 registered at Maniachi Police Station and thereafter transferred to the respondent police for offences under Sections 147, 148, 448, 427, 379 and 506(ii) I.P.C. and Section 25(1) of Arms Act altered into 147, 148, 448, 427, 379 and 506(ii) of I.P.C. Pursuant to investigation, charge sheet has been filed under Sections 148, 452, 427, 379 and 352 of I.P.C. Under G.O.(Ms)No.53 Public (Law & Order) dated 05.06.2000, Government directed the withdrawal of several similar cases. However, the present case was tried in C.C.No.244 of 1998 before the https://hcservices.ecourts.gov.in/hcservices/

learned Judicial Magistrate No.I, Kovilpatti. These petitioners have not appeared before the trial Court, since summons was not served on them. The case against them was split up and is pending trial in C.C.No.36 of 2000. It is represented that the petitioners are now appearing before the trial Court. Under judgment in C.C.No.244 of 1998 dated 14.12.2005, all the accused, who faced trial therein were acquitted. Similarly in one other split up case tried in C.C.No.16 of 2005, the accused therein were acquitted under judgment dated 20.05.2013.

3. The learned counsel appearing for the petitioners submitted that these petitioners stand on the same footing as the other accused, who stand acquitted and the proceedings pending against them are to be quashed. The learned counsel relies on order passed in Crl.O.P.(MD) No.15153 of 2012 dated 03.07.2014.

4. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side).

5. This Court under order in Crl.O.P.(MD)No.15153 of 2012, dated 03.07.2014, has observed and ordered as follows: "6. Admittedly, there was a communal clash in the year 1995 and the charge sheet was filed only in the year 2000 and the case was split up against the present petitioner is pending. Against 33 accused, there was a trial and they are all acquitted. According to the prosecution, the petitioner has to undergo trial. But, this Court is of the considered view that in the above said circumstances and also in the light of the Government letter addressed to the Superintendent of Police and the communal clashes of the year 1995, the petitioner need not to undergo an ordeal of trial entitled (sic. entailed) and the proceedings in C.C.No.36 of 2000 is quashed and this Criminal Original Petition is allowed. Consequently, the connected Miscellaneous Petitions are closed."

6. The said observation would apply with equal force in the present case. Accordingly, this Criminal Original Petition is allowed and the proceedings against the petitioners in C.C.No.36 of 2000 pending on the file of the learned Judicial Magistrate No.I, Kovilpatti is quashed. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CO) \\True copy\\ Sub Assistant Registrar To

1. The Judicial Magistrate-I, Kovilpatti

2. The Inspector of Police, Puliampatti Police Station, Thoothukudi District

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

CRL.O.P.(MD)No.2616 of 2015 26.02.2015 https://hcservices.ecourts.gov.in/hcservices/ akv NA/16/03/2015/P2/4C