T.Balasubramanian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2021 CORAM :

THE HONOURABLE Mr.JUSTICE G.ILANGOVAN and Crl.M.P.(MD)No.3049 and 3050 of 2021 1.T.Balasubramanian 2.Suyambu 3.Thirupathi 4.Suresh 5.Stephen 6.Selvakumar 7.Stephen Sathya Prasath 8.Rameshkumar 9.Kanagaraj 10.Kumar 11.Murugesan 12.Muthukrishnan 13.Kuselasamy 14.Gnanasekaran 15.Chandrakumar 16.Pasupathi 17.Suresh 18.Ponraj 19.Muthulingam 20.Thangakumar 21.L.A.S.Pandiyan 22.Rajendran 23.Murugan 24.Jeyakannan 25.Iyyappan 26.Thillainathan 27.Lingeswaran 28.Thangaraj 29.Ramalingam 30.Murugesan 31.Selva Siva Lingam 32.Shenbaga Raja Boopathi @ Babu 33.Thivagar ... Petitioners Vs.

The State Rep. by Inspector of Police, Kottar Police Station, Kanyakumari District.

(Crime No.261 of 2019) ... Respondent Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the entire records in 1/3

S.T.C.No.914 of 2019 on the file of the Judicial Magistrate No.II, Nagercoil and quash the same as illegal.

For Petitioners : Mr.J.Madhu For Respondent : Mr.R.Anandharaj Additional Public Prosecutor

ORDER

The present petition is filed seeking quashment of the proceedings in S.T.C.No.914 of 2019 on the file of the Judicial Magistrate No.II, Nagercoil.

2.A perusal of the records shows that the petitioners are facing trial in C.C.No.56 of 2010 on the file of the Judicial Magistrate No.I, Nagercoil. During the pendency of the case, the petitioners along with other accused filed a petition for quash before this Court in Crl.O.P.(MD)Nos.15395 and 1523 of 2012 and that petition was dismissed on 18.02.2019 with a direction to the petitioners to appear before the Court and execute a bond within two weeks from the date of transfer and further direction was also issued that if any of the accused failed to appear before the learned Judicial Magistrate No-I, Nagercoil or the learned Judicial Magistrate, Valliyoor, a complaint must be lodged for registering the First Information Report under Section 229(A) of IPC and they also should be remanded to judicial custody.

Pursuant to that order, the petitioners were not able to surrender before the trial Court as directed and again filed a petitions before this Court in Crl.M.P.(MD)Nos.5464 and 6066 of 2019 seeking extension of time, that was allowed on 12.07.2019 granting two weeks time from the date of order. On the same day itself, a complaint impugned under the present petition appears have been lodged by the officer of the Court, which was also registered on 15.07.2019. Since time has already been extended by this Court, the willful disobedience of abscondance of the accused does not arise.

3.Since there is a co-incidence between these two events, I am of the considered view that nothing survives for further adjudication in the case pending on the file of the learned Judicial Magistrate No.II, Nagercoil.

4.Accordingly, this petition is allowed. The proceedings in S.T.C.No.914 of 2019 pending on the file of the learned Judicial Magistrate No.II, Nagercoil, stands quashed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

sji 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 No.II, Nagercoil.

2.The Inspector of Police, Kottar Police Station, Kanyakumari District.

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

15.04.2021 RK(27.05.2021) 3P 4C 3/3