Gopalakrishnan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2024
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR and Crl.M.P.(MD)No.12799 of 2024 GopalaKrishnan ... Petitioner Vs 1.The State of Tamilnadu represented by The Superintendent of Police, Madurai District.
2.The Deputy Superintendent of Police, Melur, Madurai District.
3.The Inspector of Police, Melavalau Police Station, Melur Taluk, Madurai District (Crime No.39 of 2020) 4.Lakshmanan ... Respondents 1/18
PRAYER : Criminal Original Petition filed under Section 447 of BNSS, to issue direction to the learned Judicial Magistrate, Melur to dispose of the protest petition filed by the petitioner in Crl.M.P.No.4054 of 2024 and consequently, direct the learned III Additional District Judge (PCR Act Cases), Madurai to keep the case, in Spl.S.C.No.25 of 2021, in abeyance as per the order of Full Bench in Crl.O.P.No.4587 of 2023 and batch dated 08.08.2024.
(Prayer has been amended vide Court order dated 18.12.2024, in Crl.M.P.(MD)No.13078 of 2024 in Crl.O.P.(MD)No.20714 of 2024, by MNKJ) For Petitioner : M/s.K.Sivatharsana For R1 to R3 : Mr.A.Thiruvadi Kumar Additional Public Prosecutor
ORDER
The present Criminal Original Petition has been filed to issue a direction to the learned Judicial Magistrate, Melur to dispose of the protest petition filed by the petitioner in Crl.M.P.No.4054 of 2024 and to direct the learned III Additional District Judge (PCR Act Cases), Madurai to keep the case, in Spl.S.C.No.25 of 2021, in abeyance as per the order of Full Bench in Crl.O.P.No.4587 of 2023 and batch dated 08.08.2024.
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2. The primary contention of the petitioner is that there is a civil dispute between the petitioner and the 4th respondent and his family members. On 24.02.2020, the 4th respondent and his family members had entered into the field of the petitioner and caused damages to the Papaya trees and other saplings. When it was questioned by the petitioner, he was assaulted. Later, in a preemptive manner, the 4th respondent had lodged a complaint against the petitioner, and a case in Crime No.39 of 2020 was registered on 24.02.2020 at about 21.45 hours. The petitioner had lodged a complaint on 26.02.2020, but no action was taken on the same. Then, the petitioner filed a complaint before the lower Court in Cr.M.P.No.4339 of 2023 and the same was forwarded to the jurisdictional police on 12.07.2024 directing the police to conduct an enquiry and to file a report. Thereafter, the Inspector of Police, Melur had submitted a report stating that no such incident had taken place and hence, the petitioner had filed a private complaint which is pending before the Judicial Magistrate, Melur.
3. The private complaint is pending. The contention of the petitioner is that it is a case and a case in counter. Hence, following the 3/18
Full Bench order of this Court, the petitioner seeks a direction to transfer the protest petition to be heard by the learned III Additional District Judge (PCR Cases), Madurai, along with the case in Spl.S.C.No.25 of 2021, which is pending on its file. Till such time, the trial in Spl.S.C. No.25 of 2021 not to proceed, and after the protest petition of the petitioner is decided, both the cases to be tried simultaneously and judgment to be rendered on the same day.
4. The learned counsel for the 4th respondent/de-facto complainant filed a counter giving the details about the trajectory of the case, wherein, the petitioner is being a dominant person in the locality and is being controlling the marginalized people in the society and the occurrence had taken place only because of his dominance. Therefore, the 4th respondent had lodged a complaint. Based on his complaint, a case has been registered and now, the charge sheet has been filed and the trial is in progress. At this stage, the petitioner now wants to camouflage the private complaint showing that it is a case in counter. Further, he has filed a detailed counter which is scanned and extracted hereunder : 4/18
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5. The learned Additional Public Prosecutor submitted the contention of the petitioner cannot be considered and it is not the case and case in counter, it is only a defence of the petitioner. The petitioner's complaint was considered by the Investigating Officer on the direction of the learned Magistrate and found that the petitioner lodged a false complaint. In this case, several things happened thereafter. One of the victims, in this case, was murdered in the center of the village showing the dominance of the petitioner's group. The petitioner is now attempting to stall the proceedings in the trial in Spl.S.C.No.25 of 2021 which cannot be permitted. In this case, the trial is at penultimate stage and almost 13 witnesses have been examined and only few more witnesses are left over and the same can be examined and the trial itself can be completed within a short period. If the petitioner's prayer is to be accepted, it would amount to granting stay for the trial of the case and further, it would take decades for the case in Spl.S.C.No.25 of 2021 to see its light.
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6. Considering the submission and on perusal of the materials, it is seen that the petitioner's complaint is in the nature of case and case in counter to the complaint in Spl.S.C.No.25 of 2021 is not correct. Now only a private complaint has been filed by the petitioner and summons have been issued which cannot stall the trial proceedings. The counter filed by the 4th respondent would clearly show that how the witnesses have been traumatized and one of them even be eliminated. In view of the same, this Court is not inclined to entertain this petition.
7. Accordingly, this Criminal Original Petition is dismissed, and the learned III Additional District Judge (PCR Cases), Madurai is directed to complete the trial in Spl.S.C.No.25 of 2021 within a period of three months from the date of receipt of a copy of this order. Consequently, the connected Criminal Miscellaneous Petition is closed. 18.12.2024 (2/2) NCC : Yes / No Index : Yes / No mkn 16/18
To 1.The learned Judicial Magistrate, Melur 2.The learned III Additional District Judge (PCR Act Cases), Madurai 3.The Superintendent of Police, Kanyakumari District, Nagercoil.
4.The Superintendent of Police, Madurai District.
5.The Deputy Superintendent of Police, Melur, Madurai District.
6.The Inspector of Police, Melavalau Police Station, Melur Taluk, Madurai District 7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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M.NIRMAL KUMAR, J.
mkn Order in and Crl.M.P.(MD)No.12799 of 2024 18.12.2024 (2/2) 18/18