Manikandan v. State through the Sub Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District
2024-03-05
M.DHANDAPANI
body2024
DigiLaw.ai
JUDGMENT : (Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in the case in S.T.C.No.327 of 2015 on the file of the Judicial Magistrate Court, Arupukottai, Virudhunagar District and quash the same as illegal.) 1. This petition has been filed seeking to quash the proceedings in S.T.C.No.327 of 2015 for the offence punishable under Sections 294(b), 324 and 506 (i) IPC @ 294(b), 323 and 109 IPC on the file of the Judicial Magistrate Court, Arupukottai, Virudhunagar District. 2. The case of the prosecution is that the petitioners herein attacked the second respondent/defacto complainant with hands and threatened him with dire consequences. Hence, the second respondent herein made a complaint before the first respondent Police and the first respondent Police has registered a case in Crime No.627 of 2013 against the petitioners and the respondent Police has conducted investigation. After completing investigation, the charge sheet has been filed before the learned Judicial Magistrate, Arupukottai, Virudhunagar District and the learned Judicial Magistrate has taken cognizance in S.T.C.No.327 of 2015 for the offence punishable under Sections 294(b), 324 and 506 (i) IPC @ Sections 294(b), 323 and 109 IPC. 3. The learned counsel appearing for the petitioners would submit that a false case has been foisted against the petitioners and there is no specific allegation made against the petitioners. 4. The learned Government Advocate (Crl. Side) would submit that there are materials available to proceed with the case as against the petitioners herein and at the threshold, the criminal proceedings cannot be quashed and the charges against the petitioners have to be gone into only at the time of trial and hence, he prayed for dismissal of the petition. 5. In the above circumstances, the trial court has rightly taken the case on file and this Court is of the considered view that no prejudice would be caused to the petitioners, if they are subjected to due trial as sufficient opportunity would be given to the petitioners to put forth their defence. The petitioners cannot be let by quashing the charges framed against them as that would completely undermine the alleged act, which is the subject matter of criminal trial pending against them. Useful reference in this regard can be made to the decision of the Hon’ble Apex Court in State of Haryana – Vs - Bhajan Lal (1992 SCC (Crl.) 426) 6.
Useful reference in this regard can be made to the decision of the Hon’ble Apex Court in State of Haryana – Vs - Bhajan Lal (1992 SCC (Crl.) 426) 6. For the reasons aforesaid, this Court finds no ground or scope to quash the proceedings in S.T.C.No.327 of 2015 on the file of the learned Judicial Magistrate, Arupukottai, Virudhunagar District Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. 7. Since the case is pending from the year 2015, the trial Court is directed to complete the trial within a period of six months from the date of receipt of a copy of this order. 8. At this juncture, the learned counsel appearing for the petitioners would submit that this Court may consider to dispense with the personal appearance of the petitioners before the court below. Taking into consideration the request as made by the learned counsel for the petitioners, the appearance of the petitioners before the trial court is dispensed with except for their appearance for the purpose of receiving the copy of the proceedings u/s 207 Cr.P.C., framing of charges, questioning under Section 313 Cr.P.C. and on the day on which judgment is to be pronounced. However, if for any particular reason, the presence of the petitioners is necessary, the trial court, at its wisdom, shall direct their appearance on those days.