Jenifer @ Jenifer Sofia v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.13555 of 2017 and Crl.M.P.(MD)Nos.9112 and 9113 of 2017 1.Jenifer @ Jenifer Sofia 2.Revathy 3.Sirumani 4.Saravanakumar 5.Xavier 6.Visuvasam 7.Annamary 8.Vimala Selin 9.Prakasam @ Jeyaprakash 10.Pon Arockiyam 11.Robert @ Robert William 12.Stephen Raj 13.Sahayaraj ... Petitioners/Accused No.11 to 14 and 16 to 24.

-Vs1.State represented by The Inspector of Police, Vaiyampatti Police Station, Trichy District, (In Crime No.129 of 2017) ... 1st respondent/ Complainant 2.Thirumurugan ... 2nd Respondent/ de-facto Complainant PRAYER:Criminal Original petition filed under Section 482 of Code of Criminal Procedure, praying to call for the records pertaining to the charge sheet filed in P.R.C.No.15 of 2017 pending before the Learned Judicial Magistrate, Manapparai, Trichy District and quash the same in so far as the petitioners' concern. For Petitioners : Mr.A.Joel Paul Antony For 1st Respondent : Mr.K.S.Durai Pandian Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to quash the Criminal proceedings in P.R.C.No.15 of 2017 on the file of the learned Judicial Magistrate, Manapparai, Trichy District.

2.Heared The learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the first respondent.

3.The petitioners are arrayed as accused nos. 11 to 14 and 16 to 24 in the charge sheet filed by the first respondent in P.R.C.No.15 of 2017. The complaint was lodged before the first respondent in Crime No.129 of 2017 for the alleged offences under sections 143, 188, 341, 353, 506(i) of IPC r/w Section 3 of Tamil Nadu Public Property (Prevention Damage & Loss) Act, 1992. 4.It is the case of the prosecution is that on 04.05.2017 at about 01.15 p.m. The petitioners and others unlawfully assembled and entered into the TASMAC Shop and ransacked the TASMAC shop and threatened the staffs and damaged goods worth about of Rs.22,640/- and prevented the Government Officer from their discharged official duties.

5.The complaint has been filed and after investigation, the charge sheet has also been filed in this case. Both disclose the offences as against the petitioners and others. The case of the petitioners is that none of them are involved in the alleged offences. The petitioners also dispute the damage caused by them. It is only on the basis of the factual assertions, the petition is filed to quash the proceedings. This Court at this stage cannot entertain any factual dispute. The contention of the petitioners may be true and it can be established only on the basis of evidence. Since no other legal ground is raised before this Court, this Court is not inclined to entertain this petition.

6.At this stage, the learned counsel for the petitioners seeks a direction to the Lower Court to dispose of the proceedings within a time frame stipulated by this Court.

7. Considering the nature of the grievance expressed by the petitioners, this Court is inclined to pass the following order:- The Criminal original petition is dismissed. However the learned Judicial Magistrate, Manapparai, Trichy District is directed to complete the trial and dispose the P.R.C.No.15 of 2017 within a period of three months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed. 8.The appearance of the petitioners before the trial Court is dispensed with, unless and until their appearance is specifically needed before the trial Court by order.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar

To 1.The Judicial Magistrate, Manapparai, Trichy District.

2.The Inspector of Police, Vaiyampatti Police Station, Trichy District.

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

+1cc to Mr.A.JOEL PAUL ANTONY Advocate in SR. No.81913 VSG/GSP JS/SKN.RSK/SAR.1/24.10.2017/3P-5C Crl.O.P.(MD) No.13555 of 2017 06.10.2017