Madras High CourtCRL OP(MD)/7015/2017dismissed

Maniraj v. The Inspector Of Police

2017-06-21Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.7015 of 2017 1.Maniraj 2.Rajamani 3.Sivalingam 4.Ratheesh 5.Saravanakumar 6.Ramesh 7.Kannan 8.Chandrabose 9.Seeniraj 10.Selvakumar : Petitioners -vs1. The State represented by the Inspector of Police, Thiruchendur Police Station, Thiruchendur,Thoothukudi District in Crime No.254 of 2011

2. R.Mani : Respondents Prayer:Petition is filed under Section 482 of Code of Criminal Procedure praying to call for the records and quash the chargesheet in C.C.No.71 of 2012 on the file of the learned Judicial Magistrate, Thiruchendur, Thoothukudi District, pursuant to the compromise arrived at by the parties.

For Petitioner : Mr.A.Thiruvadikumar.

For Respondent No.1 :

Mr.K.Anbarasan, Government Advocate (Crl. Side).

For Respondent No.2 :

Mr.S.Vinayak.

O R D E R

On the complaint lodged by one R.Mani/2nd respondent, the first respondent police registered a case in Crime No.254 of 2011 and after completing the investigation, has filed a final report in C.C.No.71 of 2012, before the learned Judicial Magistrate Thiruchendur, Thoothukudi District, for offences under Sections 147, 279, 294(b), 323, and 506(ii) of the Indian Penal Code against the petitioner, challenging which, the accused and the defacto complainant are before this Court for quashing the proceedings in C.C.No.254 of 2011 against the petitioners on the ground that they have arrived at a compromise. https://hcservices.ecourts.gov.in/hcservices/

2.It is brought to the notice of this Court that Shekar (A1) and Aravind (A8) have not even appeared before the trial Court even once. Therefore, this petition for compromise quash in respect of other accused cannot be entertained piecemeal. The respondent police is directed to take immediate steps to ensure that A1 and A8 appear before the trial Court. The Superintendent of Police, Tuticorin District is directed to monitor the same. Liberty is given to the petitioners to file a fresh quash application, after the appearance of A1 and A8 before the trial Court.

3.In view of the above, this petition is dismissed. Sd/- Assistant Registrar(CRL.SIDE) /True Copy/ Sub Assistant Registrar To:

1. The Judicial Magistrate, Thiruchendur.

2. The Chief Judicial Magistrate, Tuticorin.

3. The Superintendent of police Tuticorin.

4. The Inspector of Police, Thiruchendur Police Station, Thoothukudi District.

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

Order made in Crl.O.P.(MD) No.7015 of 2017 Dated: 21.06.2017 RR SDS/SKN:RSK/SAR 1/07.07.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/