Madras High CourtCRL OP(MD)/8148/2017dismissed

Ratheesh@Anandha Ratheesh v. The Inspector Of Police

2017-06-29Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)No.8148 of 2017 Ratheesh @ Anandha Ratheesh : Petitioner -Vs1. State rep. by, The Inspector of Police, Manavalankuruchi Police Station, Kanyakumari District.

(Cr.No.114 of 2010).

2.Nagarajan : Respondents PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code praying to call for the records relating to the case in C.C.No.131 of 2011 pending on the file of the District Munsif -cum- Judicial Magistrate, Eraniel and quash the same insofar as against the petitioner is concerned. For Petitioner : Mr.B.Brijesh Kishore For Respondent No.1 : Mr.K.Anbarasan, Government Advocate (Crl.side) For Respondent No.2 : Mr.K.C.Peter Kanish Kumar **********

O R D E R

The petitioner is A-5 in C.C.No.131 of 2011 and he has filed the present quash application on the ground that he has arrived at a compromise with the defacto complainant.

2. In the considered opinion of this Court, in a trial where more than one accused are there, this Court cannot interfere and quash the prosecution as against one accused on the ground that he has entered into a compromise with the defacto complainant, as that will adversely affect the evidentiary value of witnesses before the Trial Court. That apart, the provisions of Section 34 of the Indian Penal Code will stand negated. Hence, this petition is dismissed. The Trial Court is directed to proceed with the trial in C.C.No.131 of 2011 expeditiously and complete the same, within six months from the date of receipt of a copy of this order, provided the accused co-operate with the trial by crossexamining the prosecution witnesses on the day they are examined https://hcservices.ecourts.gov.in/hcservices/

in chief, as held by the Supreme Court in Vinod Kumar vs. State of Punjab reported in 2015 (1) Scale 542.

Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To

1. The District Munsif -cum- Judicial Magistrate, Eraniel.

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

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

SML PSM/JC/SAR1/07.07.2017/2P/4C Order made in CRL.O.P.(MD)No.8148 of 2017 Dated: 29.06.2017 (1/2) https://hcservices.ecourts.gov.in/hcservices/