Madras High CourtCRL OP(MD)/13496/2022dismissed

Chithirai Kumar v. The Inspector Of Police

2024-03-07Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.13496 of 2022 and Crl.M.P.(MD).Nos.8586 & 8588 of 2022 1.Chithirai Kumar 2.Kasiyammal 3.Nondichamy 4.Govinthan 5.Mani 6.Venkatraman ... Petitioners Vs.

1.The State represented by the Inspector of Police, All Women Police Station, Thirupathur, Sivagangai District.

(Crime No.12 of 2021) 2.Manjula

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to P.C.R.No.4 of 2022 on the file of the learned Judicial Magistrate, Thiruppathur, Sivagangai District and quash the same.

For petitioners : Mr.B.Santhanam Rajeshkumar For R-1 : Mr.S.Manikandan, Government Advocate (Criminal Side) 1/6

O RDER This petition has been filed seeking to quash the proceedings in P.C.R.No.4 of 2022 on the file of the learned Judicial Magistrate, Thiruppathur, Sivagangai District, insofar as the petitioners are concerned.

2. The case of the prosecution is that the first petitioner and the second respondent are lovers and with the consent of the second respondent, the first petitioner had physical relationship with the second respondent. Due to which, the second respondent became pregnant and the first petitioner refused to marry her. Thereafter, the second respondent informed to her parents with regard to their relationship and the petitioners herein abused the second respondent by using filthy language and also threatened her with dire consequences. Hence, the second respondent made a complaint before the first respondent Police and the first respondent Police has registered a case in Crime No.12 of 2021 for the offence punishable under Sections 376, 354(c), 313, 294(b) and 506(i) IPC and Section 67 (A) of IT Act. Thereafter, the first respondent has conducted investigation and after completing investigation, they filed a charge sheet before the learned Judicial 2/6

Magistrate, Thiruppathur, Sivagangai District and the same was taken on file in P.C.R.No.4 of 2022.

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

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 petitioners, if they are subjected to due trial as sufficient opportunity would be given to the petitioners to put forth their defence. The petitioners cannot be let by quashing the charges framed against them as that would completely undermine the alleged act, which is the subject matter of criminal trial pending against them. 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) 3/6

6. For the reasons aforesaid, this Court finds no ground or scope to quash the proceedings in P.C.R.No.4 of 2022 on the file of the learned Judicial Magistrate, Thiruppathur, Sivagangai District. Accordingly, this Criminal Original Petition is dismissed. Consequently, connnected miscellaneous petitions are closed.

7. At this juncture, the learned counsel appearing for the petitioners would submit that this Court may consider to dispense with the personal appearance of the petitioners before the court below. Taking into consideration the request as made by the learned counsel for the petitioners, the appearance of the petitioners before the trial court is dispensed with except for their 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 petitioners is necessary, the trial court, at its wisdom, shall direct their appearance on those days.

07.03.2024 Index : Yes/No Internet : Yes/No TSG 4/6

To 1.The Judicial Magistrate, Thiruppathur, Sivagangai District. 2.The Inspector of Police, All Women Police Station, Thirupathur, Sivagangai District.

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

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M.DHANDAPANI. J.

TSG 07.03.2024 6/6