S.Gopinath v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN

1. S.Gopinath

2. K.Muniyappan ... Petitioners/Accused No.1 & 2 Vs.

1. State of Tamil Nadu The Inspector of Police, Contonment Police Station, Trichy District.

... 1st Respondent/Complainant 2.N.Mitul Shah ... 2nd Respondent/ Defacto Complainant Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records of the charge sheet in PRC.No.100/2021 on the file of the Judicial Magistrate Court No.II, Trichy and quash the same.

For Petitioner : Mr.N.Anandakumar For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R2 : Mr.S.Ramakrishnan

O R D E R

This Criminal Original Petition has been filed to quash the P.R.C.No.100/2021, on the file of the Judicial Magistrate Court No.II, Trichy.

2.Though, the quash petition filed under compromise terms between the parties, the learned counsel for the petitioner would not able to produce the defacto complainant before this court. This Court repeatedly adjourned the matter for more than five occasions. That apart, the petitioner committed offence punishable under sections 364(A), 294(b), 323, 344, 346, 307 and 506(ii)IPC. 3.The case of the prosecution is that from December 2020 to January 2021, the accused persons invested Rupees Twenty Lakhs in the business of the defacto complainant and due to current global scenario, the defacto complainant could not repay the amount as promised. On 20.04.2021, the second accused brought the defacto

complainant from Chennai and confined him at Room No.809, Plasa Hotel, Trichy and demanded him to repay the amount. The defacto complainant also paid rupees Two Lakhs to the accused persons. After that, the accused persons were not satisfied and tortured the defacto complainant, locked him in the room and restricted his freedom. On 12.05.2021, the accused persons took the defacto complainant in a car and threatened him by pouring petrol on him and on 14.05.2021 at about 4PM, the second accused poured petrol on the defacto complainant and light him up on fire. Due to that the defacto complainant got injured and the accused persons threatened him not to tell any one. Since the money was not transferred from the defacto complainant, the accused persons asked one Muniappan, to bring the defacto complainant to a secluded place, where the accused persons would be waiting to kill him. When the car was about to start, the defacto complainant shouted and rant to the reception to help. Hence, the case was registered by the first respondent against the accused persons.

4.In view of the above and also considering the gravity of offence, this Court is not inclined to quash the petition and this Criminal Original Petition is dismissed. However, the learned Judicial Magistrate, No.II Trichy is directed to complete the committal proceedings, within two weeks, from the date of receipt of a copy of this order and the trial court is also directed to complete the trial proceedings within six months, from the date of receipt of committal proceedings.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM Encl: Photocopy of Compromise Memo attached.

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 Judicial Magistrate, No.II, Trichy.

2.The Inspector of Police, Contonment Police Station, Trichy District.

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

28.02.2022 MGJ(14.03.2022) 3P 4C