M.Nambirajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 25.08.2020

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Crl.OP(MD)No.6999 of 2017 M.Nambirajan : Petitioner Vs.

1.The Inspector of Police, Chatrakudi Police Station, Ramanathapuram District.

(Crime No.206 of 2016) 2.V.Savarimuthu : Respondents Prayer: Criminal Original Petition filed under section 482 of the Criminal Procedure Code, to quash the charge sheet in C.C No.27 of 2017 on the file of learned Judicial Magistrate,Paramakudi For Petitioner : Mr.C.Gangai Amaran For 1st Respondent : Mr.R.Anandharaj Additional Public Prosecutor For 2nd Respondent : No appearance

O R D E R

(Thro' VC) This Criminal Original Petition is filed to quash the charge sheet in C.C No.27 of 2017 on the file of the 1st respondent police. 2.Heard the learned counsel appearing on either side and perused the materials available on record.

3.

304(A) IPC is not made out and prays that the charge sheet is liable to be quashed.

4.On the other hand, the learned Additional Public Prosecutor appearing for the 1st respondent/State submitted that the respondent police conducted fair and thorough investigation and filed the charge sheet against the petitioner and the investigation and the statement of witnesses against the petitioner proved the offence committed by the petitioner and the avements made by the petitioner are to be raised only before the trial court and prays for dismissal of the Criminal Original Petition.

5.The case of the petitioner is that on 19.12.2016, the deceased was returning back to Muthuchellapuram to attend the Christmas function by travelling in a Government bus and when the said bus reached Charakudi, the deceased standing on the foot board of the said bus and due to sudden application of the brake, at that point of time by the petitioner, the deceased fell down, resulting of some injuries and the deceased was taken to the Government Hospital and after few days, he died and the case was registered as against the petitioner.

6.In this case, the petitioner has not given any complaint against the deceased stating that due to his negligent only the accident occurred. Further, he has not sent any petition to the superior official of the police stating that false case was foisted against him. In this case, after registering the case, the Investigating Officer went to the place of occurrence and examined all the material witnesses and filed the charge sheet. Whether the accident had occurred due to the petitioner or due to the deceased can be decided only during the trial by way of examining the witnesses and production of the documents. At this stage, it is to be decided, whether prima facie case is made out or not. 7.On careful perusal of the records, it reveals that the prima facie case is made out as against the petitioner.

Hence, it is held that it is not necessary to quash the charge sheet in C.C No.27 of 2017 on the file of the Judicial Magistrate, Paramakudi. 8.In the result, this Criminal Original Petition fails and the same is dismissed. However, the learned Judicial Magistrate, Paramakudi, is directed to dispose of the case in C.C No.27 of 2017 purely on merits and in accordance with law, within a period of six months from the date of a copy of this order.

er TO 1.The Judicial Magistrate, Paramakudi.

2.The Inspector of Police, Chatrakudi Police Station, Ramanathapuram District.

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

+1 CC to M/s.C. GANGAIAMARAN, Advocate ( SR-14997[F] dated 26/08/2020 ) Crl.OP(MD)No.6999 of 2017 25.08.2020 KB(17.09.2020) 3P 5C