Moorthy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN and Crl.M.P(MD).Nos.6567 and 6570 of 2020 Moorthy .. Petitioner/Sole Accused Vs.

1.The State, Rep. by Inspector of Police, Abiramam Police Station, (Crime No.96/2012) .. Respondent/Complainant

2. The Tahsildar, Kamuthi Taluk, .. 2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to the proceedings in C.C.No.74 of 2019 on the file of the learned District Munsif cum Judicial Magistrate, Kamuthi, Ramanathapuram District and quash the same as against the petitioner.

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For Petitioner : Mr.R.Surianarayanan For Respondents : Mr.P.Kottaichamy Government Advocate(Crl.Side)

ORDER

This petition has been filed to quash the C.C.No.74 of 2019 on the file of the learned District Munsif cum Judicial Magistrate, Kamuthi,

2. The petitioner is the sole accused in Crime No.96 of 2012. After completion of the investigation, the first respondent police filed the final report against the petitioner/sole accused for the offence under Sections 371, 374 IPC and Sections 16,17 and 18 of the Bonded Labour system (Abolition) Act, 1976. Number of vitims gave the statement before the investigating agency relating to the harassment made by the petitioner and the same was constituted the offence under the Bonded Labour System (Abolition) Act, 1976 and also Section 371 and 374 IPC. There is sufficient materials available to proceed the trial in accordance with law. The petitioner also filed discharge petition before the learned trial Judge and the same was dismissed with a specific finding that there is sufficient Page No.2/4

material to proceed the case.

3. This Court perused the independent statements of the victims. More than 15 victims gave the statements before the investigating agency relating to the Bonded Labour System. Hence, this Court is not inclined to quash this petition at this stage.

4. Hence, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed. However, the petitioner is at liberty to raise all the points before the trial Court. 06.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No PJL To 1.The District Munsif cum Judicial Magistrate, Kamuthi, Page No.3/4

K.K.RAMAKRISHNAN, J.

PJL 2.The Inspector of Police, Abiramam Police Station,

3. The Tahsildar, Kamuthi Taluk, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.14192 of 2020 and Crl.M.P(MD)Nos.6567 and 6570 of 2020 06.12.2023 Page No.4/4