Madras High CourtCRL OP(MD)/5161/2021disposed of

Sundar v. The Inspector Of Police

2021-04-09Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN and Crl.MP(MD).Nos.2956 & 2957 of 2021

1. Sundar

2. Mahesh

3. Krishna Moorthy

4. Vivegananthan

5. Sivakumar ... Petitioners Vs.

1. State Rep by Inspector of Police, Palani Taluk Police Station, Dindigul District.

(Crime No.322 of 2017)

2. Thilgavathi ... Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the entire records pursuant to the C.C.No.48 of 2018 on the file Judicial Magistrate Court, Palani and quash the same by allowing this Criminal Original Petition.

For Petitioner : Mr.M.Mariappan For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) for R1.

ORDER

This Criminal Original Petition is filed seeking a direction to call for the entire records pursuant to C.C.No. 48 of 2018 on the file of the learned Judicial Magistrate Court, Palani and quash the same by allowing this Criminal Original Petition.

2. The case of the prosecution is that on 08.09.2017 under the head of Sub Collector, Special Thasildhar (Adhi Dravidar Welfare Department), Regional Deputy Thasildhar, Revenue Inspector and Village Assistant, inspected the Sarvana bricks Chambers located 1/3

at Naicker Thottam, Palani. At the time, four persons were found to be kept as bonded labourers and were rescued. The complaint was given by the Village Administrative Officer on 11.09.2019 and the F.I.R. was registered in Crime No.322 of 2017 and Police took up the investigation and collected the materials and thereafter, laid the final report on 30.09.2017 before the trial Court. The allegation against this petitioners is that they have committed offence punishable under Section 16 of Bonded Labour System (Abolition) Act 1976. Challenging the same, seeking quashment of the final report, the accused are before this Court by way of this Criminal Original Petition.

3. After hearing the learned counsel for the petitioner, this Court finds no merit in the petition. The only ground which is made in the petition is that none of the allegations mentioned in the final report against these petitioners are true. But as mentioned , during the inspection made by the official, those persons were rescued and during the course of investigation statements were also recorded. The statement of the victims were also recorded and also during the course of trial, cross examined witnesses. So, this Court finds that there is no merit in the petition and this Criminal Petition stands dismissed. But however, considering the request made by the learned counsel for the petitioners, personal appearance of the petitioners 1 and 2 is dispensed with before the trial Court.

But considering the age of the third petitioner, he shall appear before the trial Court within 15 days from the date of receipt of a copy of this order and shall file an undertaking affidavit by affixing attested photo that he will appear as and when required and further direction that the trial Court shall complete the trial within six months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed.

Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Judicial Magistrate, Palani.

2.The Inspector of Police, Palani Taluk Police Station, Dindigul District.

Copy to The Registrar Judicial, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.M.MARIAPPAN, Advocate ( SR-15590[F] dated 09/04/2021 ) 09.04.2021 KM(30.06.2021) 3P 5C 3/3