Anandh Krishnan @ Anantha Krishnan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.8833 of 2022 and Crl.M.P.(MD).Nos.5940 and 5941 of 2022 Anandh Krishnan @ Anantha Krishnan ... Petitioner Vs.

1.State represented by The Sub Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

(Crime NO.534 of 2020) 2.A.Tamilnesan

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records in relating to the impugned charge sheet in C.C.No.170 of 2021 on the file of the learned Judicial Magistrate, Paramakudi and to quash the same insofar as the petitioner is concerned.

For petitioner : Mr.M.S.Jeyakarthik For R-1 : Mr.S.Manikandan Government Advocate (Criminal Side) For R-2 : No Appearance 1/5

O RDER This petition has been filed seeking to quash the proceedings in C.C.No.170 of 2021 on the file of the learned Judicial Magistrate, Paramakudi.

2. The case of the prosecution is that on 11.09.2020 during the eve of Martyr Immanuvel Sekaran Jeyanthi, when the second respondent was on duty, at that time, the accused persons drove their two-wheeler in a rash and negligent manner and caused severe life threat to the defacto complainant and the other Police Officials.. Due to which, the second respondent made a complaint before the first respondent Police and the same was registered in Crime No.534 of 2020. Thereafter, the respondent Police has conducted the investigation and on completion of investigation, they filed a charge sheet in C.C.No.170 of 2021 on the file of the learned Judicial Magistrate, Paramakudi for the alleged offence punishable under Sections 143, 147, 279, 287, 291, 353, 504, 506(1), 177, 341 and 283 IPC.

3. The learned counsel appearing for the petitioner would submit that a false case has been foisted against the petitioner and there is no specific allegation as against the petitioner. 2/5

4. The learned Government Advocate (Criminal Side) appearing for the respondent Police would submit that all those points raised before this Court is a triable issue, which cannot be canvassed before this Court and it can be canvassed only at the time of trial.

5. In the above circumstances, the trial court has rightly taken the case on file and this Court is of the considered view that no prejudice would be caused to the petitioner, if he is subjected to due trial as sufficient opportunity would be given to the petitioner to put forth his defence. The petitioner cannot be let by quashing the charges framed against him as that would completely undermine the alleged act, which is the subject matter of criminal trial pending against him. Useful reference in this regard can be made to the decision of the Hon'ble Apex Court in State of Haryana - Vs - Bhajan Lal (1992 SCC (Crl.) 426)

6. For the reasons aforesaid, this Court finds no ground or scope to quashin C.C.No.170 of 2021 on the file of the learned Judicial Magistrate, Paramakudi. Accordingly, this Criminal Original Petition is dismissed. Consequently, connnected miscellaneous petitions are closed.

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7. At this juncture, the learned counsel appearing for the petitioner would submit that this Court may consider to dispense with the personal appearance of the petitioner before the court below. Taking into consideration the request as made by the learned counsel for the petitioner, the appearance of the petitioner before the trial court is dispensed with except for his appearance for the purpose of receiving the copy of the proceedings u/s 207 Cr.P.C., framing of charges, questioning under Section 313 Cr.P.C. and on the day on which judgment is to be pronounced. However, if for any particular reason, the presence of the petitioner is necessary, the trial court, at its wisdom, shall direct his appearance on those days.

04.03.2024 Index : Yes/No Internet : Yes/No TSG To 1.The Judicial Magistrate, Paramakudi.

2.The Sub Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

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

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M.DHANDAPANI. J.

TSG 04.03.2024 5/5