Madras High CourtCRL OP(MD)/14391/2021dismissed

Dhandapani v. The Superintendent Of Police

2021-12-09Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.14391 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No. 14391 of 2021 and Crl.M.P.(MD)Nos.10879 & 7574 of 2021 Dhandapani ... Petitioner/ Sole Accused Vs.

1.The Superintendent of Police, Theni District, Theni.

2.The State represented by The Inspector of Police, Thenkarai Police Station, Theni.

... Respondent/ Complainant 3.Murugamani ... Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to call for records of impugned Charge Sheet in P.R.C.No.17 of 2021 on the file of the learned Judicial Magistrate, Periyakulam and quash the same as illegal.

For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor for R1 and R2 Mr.P.Sivachandran for R3

ORDER

This Criminal Original Petition has been filed to quash the impugned proceedings. The petitioner is facing trial for the offence under Section 302 IPC. The learned Additional Public Prosecutor as well as the learned counsel for the defacto complainant draw my attention to the relevant portions in the statement recorded under Section 161 Cr.P.C. The eye-witnesses stated that the petitioner hit the deceased on his head with iron https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14391 of 2021 rod and caused his death. When such specific overtacts have been attributed to the petitioner, it is futile to invoke the inherent powers of this Court. Leaving open the defences and contentions of the petitioner, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) mga Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Thenkarai Police Station, Theni.

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

Crl.O.P.(MD)No.14391 of 2021 and Crl.M.P.(MD)Nos.10879 & 7574 of 2021 09.12.2021 MGJ(21.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2