Madras High CourtCRL OP(MD)/5173/2024dismissed

Poomariappan v. The Inspector Of Police

2024-04-03Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI and Crl.M.P.(MD)No.4075 and 4076 of 2024 Poomariappan ... Petitioner Vs.

1.The Inspector of Police Kovilpatti East Police Station, Thoothukudi District.

(Crime No.339/2023).

2. Muniyakrishnan

3. Gnanamuthu ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the Charge sheet in S.T.C. No.2221 of 2023 pending on the file of the learned Judicial Magistrate No.I Kovilpatti Thoothukudi District and quash the same. For Petitioner : Mr.B.Anandan For R1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

O R D E R

The petitioner is facing a charge before the learned Judicial Magistrate No.I Kovilpatti Thoothukudi District, in S.T.C. No.2221 of 2023 for the offence punishable under Sections 294(b), 323 and 506(i) IPC. 1/4

2. The case of the prosecution is that on 25.09.2023, due to civil dispute, the petitioner assaulted the defacto complainant and caused injuries on his hip. Hence, a case has been registered.

3. The learned Additional Public Prosecutor appearing for the first respondent, by referring the FIR in Cr.No.339 of 2023, submits that there are specific allegations as against the petitioner.

4. The learned counsel appearing for the petitioner submits that the petitioner is an Army person and he was not available at the time of occurrence. However, he has been added as an accused.

5. Since there is a specific allegation against the petitioner, this Court is not inclined to entertain this petition. The petitioner can establish his innocence before the Trial Court by adducing evidence.

6. The learned counsel for the petitioner submits that the petitioner is working at Chennai and it would be difficult for him for every hearing.

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7. The petitioner is at liberty to file a petition under Section 205 Cr.P.C before the trial Court and the trial Court shall consider the same on merits. This criminal original petition is dismissed. Consequently, connected Miscellaneous Petitions are closed.

03.04.2024 Index : Yes/No Internet:Yes NCC : Yes/No LS To 1.The Judicial Magistrate No.I, Kovilpatti, Thoothukudi District.

2. The Inspector of Police Kovilpatti East Police Station, Thoothukudi District.

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

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B.PUGALENDHI,J LS Order made in 03.04.2024 4/4