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2021 DIGILAW 3219 (MAD)

Kubendiran v. State represented by Inspector of Police, Arakandanallur Police Station

2021-11-19

N.SATHISH KUMAR

body2021
JUDGMENT : (Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in PRC.No.11 of 2017 on the file of Judicial Magistrate, Thirukoilur and quash the final report filed against the petitioner.) 1. This Criminal Original Petition has been filed to quash the final report in P.R.C.No.11 of 2017 on the file of Judicial Magistrate, Thirukoilur, filed as against the sole accused for the offences under Sections 294(b) and 302 I.P.C. 2. The main contention of the learned counsel appearing for the petitioner herein is that, in the copy of Accident Register, there is no whisper about the accused and the eye-witness has been introduced later and the death is not due to homicidal violence and it was only accidental. Therefore, the entire final report has to be quashed. 3. Heard the learned counsel on either side and perused the materials available on record. 4. At the very outset, this Court is of the view that, filing of these type of petitions to quash the proceedings when the investigation has already been completed and materials have been unearthed by the prosecution against the accused, is nothing but an abuse of process of law. Filing of such petitions and delaying the trial is one another mode of tactics being practiced nowadays. After serious charges have been investigated and final report has been filed, now a tendency has been developed in the certain sections of the legal practitioners that an application can be filed under Section 482 Cr.P.C. and the trial could be delayed for years together. Therefore this Court is of the view that, if such petitions are entertained, the very Criminal Justice System will be collapsed, which is already in the same process. Therefore, the Court cannot be a party to that. 5. The allegation that the death was not due to homicidal violence, but was only accidental, has to be decided only after a full fledged trial. It requires proof and evidence. At the drop of a hat, it cannot be decided by this Court by exercising its jurisdiction under Section 482 Cr.P.C. 6. The learned Judicial Magistrate is directed to commit the case on merits to the concerned Principal District and Sessions Court, expeditiously, not later than a period of three (3) months from the date of receipt of a copy of this order. The learned Judicial Magistrate is directed to commit the case on merits to the concerned Principal District and Sessions Court, expeditiously, not later than a period of three (3) months from the date of receipt of a copy of this order. On such committal, the learned Sessions Judge shall conclude the trial within a period of Six (6) months thereafter. 7. With the above directions, this Criminal Original Petition is dismissed. Consequently, connected Criminal Miscellaneous Petition is closed.