T.Nagaraj, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.(MD)Nos.3292 and 3293 of 2018 T.Nagaraj

...Petitioner/Accused No.2

-Vs1.The State through, The Inspector of Police, South Police Station, Tuticorin.

2.Jeyapal ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records and quash the C.C.No.252 of 2017 on the file of the learned Judicial Magistrate No.1, Tuticorin, as against this petitioner.

For Petitioner : Mr.KA.Raamakrishinan For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (crl.side)

O R D E R

This petition has been filed to quash the proceedings in C.C.No.252 of 2017 on the file of the Judicial Magistrate No.1, Tuticorin.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (criminal side) appearing for the first respondent.

3.A careful perusal of entire materials available on record, the charge sheet discloses a prima facie offence against the petitioner and there is no reason to interfere with the same. It is relevant to rely upon the judgment of the Hon'ble Supreme Court of India passed in Crl.A.No.579 of 2019 dated 02.04.2019 in the case of Devendra Prasad Singh Vs. State of Bihar & Anr., as follows:- " 12.So far as the second ground is concerned, we are of the view that the High Court while hearing the application under Section 482 of the Cr.P.C. had no jurisdiction to appreciate the statement of the witnesses and record a finding that there were inconsistencies in their statements and, 1/3

therefore, there was no prima facie case made out against respondent No.2. In our view, this could be done only in the trial while deciding the issues on the merits or/and by the Appellate Court while deciding the appeal arising out of the final order passed by the Trial Court but not in Section 482 Cr.P.C. proceedings.

13.In view of the foregoing discussion, we allow the appeal, set aside the impugned order and restore the aforementioned complaint case to its original file for being proceeded with on merits in accordance with law.

4.Recently, the Hon'ble Supreme Court of India held in respect of the very same issue in Crl.A.No.1572 of 2019 - Central Bureau of Invstigation Vs. Arvind Khanna, wherein, it has been held as follows:

"19.After perusing the impugned order and on hearing the submissions made by the learned senior counsels on both sides, we are of the view that the impugned order passed by the High Court is not sustainable. In a petition filed under Section 482 of Cr.P.C., the High Court has recorded findings on several disputed facts and allowed the petition. Defence of the accused is to be tested after appreciating the evidence during trial. The very fact that the High Court, in this case, went into the most minute details, on the allegations made by the appellant-C.B.I., and the defence put-forth by the respondent, led us to a conclusion that the High Court has exceeded its power, while exercising its inherent jurisdiction under Section 482 Cr.P.C. 20.In our view, the assessment made by the High Court at this stage, when the matter has been taken cognizance by the Competent Court, is completely incorrect and uncalled for."

The above judgment is squarely applicable to this case and as such, the points raised by the petitioner cannot be considered by this Court under Section 482 Cr.P.C.

5.In view of the above discussion, this Court is not inclined to quash the proceedings in C.C.No.252 of 2017 on the file of the Judicial Magistrate No.1, Tuticorin. However, the Judicial Magistrate No.1, Tuticorin is directed to complete the trial in C.C.No.252 of 2017 within a period of six months from the date of receipt of copy of this Order.

6.At this juncture, the learned Counsel for the petitioner 2/3

submitted that the presence of the petitioner before the Trial Court may be dispensed with.

7.Accepting the said submission, the personal appearance of the petitioner, before the trial Court, is dispensed with and he shall be represented by a counsel after filing appropriate application. The petitioner shall be present before the Court at the time of furnishing of copies, framing charges, questioning under Section 313 Cr.P.C. and at the time of passing judgment. 8.With the above observations, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (RECORD) // True Copy // Sub Assistant Registrar(CS) vsg To 1.The Judicial Magistrate No.1, Tuticorin.

2.The Inspector of Police, South Police Station, Tuticorin.

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

and Crl.M.P.(MD)Nos.3292 and 3293 of 2018 20.11.2019 KM/(12.12.2019) 3P 4C 3/3