Mr. C. Natesan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2018 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl. OP (MD)Nos.16980, 23053 of 2013 and 21162 of 2014 and MP(MD)Nos.1 and 1 of 2013 Crl OP(MD)No.16980 of 2013 :
1.C.Natesan 2.A.Sivasankar ... Petitioners/Accused Nos.3 & 5 Vs.
1. The State of Tamil Nadu, Rep.by its Inspector of Police, (Crime No.79 of 2011) ... Respondent/Complainant 2.H.Jegan ... Respondent/Defacto Complainant Prayer : This Criminal Original Petition is filed Under Section 482 of Criminal Procedure Code to call for the records pertaining to the charge sheet in C.C No.76 of 2013 pending before the Judicial Magistrate No.III, Nagercoil in Crime No.79 of 2011 dated 02.05.2011 on the file of the first respondent for the alleged offences u/ss. 147, 148, 341, 294(b), 324, 323 and 326 IPC and quash the same as illegal.
Crl OP(MD)No.21162 of 2014 :
1.H.Mathan 2.Hariragavan 3.Perumal 4.Jegan 5.Rajagopal ... Petitioners/Accused Nos.1 to 5 Vs.
1. State represented by Inspector of Police, Then Thamaraikulam Police Station, (Crime No.80 of 2011) ...1st Respondent/Complainant 2.Sivaji ...2nd Respondent/Defacto Complainant Prayer : This Criminal Original Petition is filed Under Section 482 of Criminal Procedure Code to call for the records relating to the case in C.C.No.137 of 2012 on the file of the Judicial Magistrate No.III, Nagercoil, Kanyakumari District.
Crl OP(MD)No.23053 of 2013 :
1.A.Shivaji 2.T.Radar 3.P.Suresh 4.A.Shivasankar ... Petitioners/Accused Nos.1,2,4 & 5 Vs.
1. The State of Tamil Nadu, Rep.by its Inspector of Police, (Crime No.79 of 2011) ... Respondent/Complainant 2.H.Jegan ... Respondent/Defacto Complainant Prayer : This Criminal Original Petition is filed Under Section 482 of Criminal Procedure Code to transfer the case in C.C.No.76 of 2013 on the file of the learned Judicial Magistrate No.III, Nagercoil in Crime No.79 of 2011 dated 02.05.2011 to the learned Judicial Magistrate, Valliyoor, Tirunelveli District or any other competent court outside Kanyakumari District within the time stipulated by this Court.
For Petitioner in Crl OP(MD)Nos.
16980 & 23053 of 2013 :
Mr.T.Lajapathi Roy in Crl OP(MD)No.21162 of 2014 :
Mr.L.George Paul Anto For Respondents in Crl OP(MD)Nos.
16980 & 23053 of 2013
: Mr.Prabhu Ramachandran Govt.Advocate for R1 : Mr.L.George Paul Anto for R2 in Crl OP(MD)No.21162 of 2014 : Mr.Prabhu Ramachandran Govt.Advocate for R1 : Mr.T.Lajapathi Roy for R2 COMMON ORDER Crl OP(MD)Nos.16980 & 23053 of 2013 have been filed for quashing the CC.No.76 of 2013 on the file of the learned Judicial Magistrate No.III, Nagercoil. The defacto complainant is one Jegan. He made a complaint in Crime No.79 of 2011 on the file of the Thenthamaraikulam Police Station. One of the accused C.Natesan has passed away. The other accused and the defacto complainant have filed a Joint Compromise Memo before this Court. 2.The learned counsel appearing for the accused as well as the defacto complainant submitted that parties appeared before this Court on the last occasion. It is also submitted that the parties are siblings and the entire issues arose with regard to the civil disputes pending between them.
3.Taking note of all these aspects and considering the fact that the parties have filed a Joint Compromise Memo, this Court comes to the conclusion that no purpose will be served by permitting the impugned prosecution to continue. It will only be an abuse of legal process. The impugned prosecution in C.C No.76 of 2013 on the file of the learned Judicial Magistrate No.III, Nagercoil is quashed.
4.Crl OP(MD)Nos.(*)16980 of 2013 and 21162 of 2014 are allowed. In view of the order passed in these two petitions, no orders are necessary in Crl OP(MD)No. (*)(*)23053 of 2013. The same is closed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-II) Sd/- Assistant Registrar(CS-II) (*) and (*)(*) Amended as per order of this Hon'ble Court dated 23.08.2018 /True Copy/ Sub Assistant Registrar(CS-II)
To (***) To be substituted the order already despatched on 10.07.2018.
1. The Judicial Magistrate No.III, Nagercoil.
2. The Inspector of Police,
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+4 ccs TO Mr.T.Lajapathi Roy, Advocate in SR No.59632,59631,79920,79919.
+2 ccs TO Mr.L.George Paul Anto,Advocate in SR No.59871,59870 skm AE/PN/SAR1/09.07.2018/4P/9C CMR DS SKN RSK SAR-2:11.09.2018: 4P/10C Crl. OP (MD)Nos.16980, 23053 of 2013 and 21162 of 2014 and MP(MD)Nos.1 and 1 of 2013 03.04.2018