Dismissed

Shanmugaraj v. The Inspector of Police

Madras HC6 Mar 2024CRL OP(MD)/15201/2020

Case brief

AI extract

What is this about?

Petitioner accused under IPC charged offences sought quashing of charge sheet invoking inherent jurisdiction under Section 482 CrPC. Court held prima facie material existed and dismissed petition, directing trial court to dispose within three months due to long pendency.

What did the court decide?

Criminal Original Petition quashing charge sheet dismissed; direction to trial court to dispose of case within three months.

Shanmugaraj Vs The Inspector of Police — Cheque Dishonour | Madras HC (2024)

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Crl.O.P.(MD).No.15201 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 06.03.2024

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CORAM

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THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

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Crl.O.P.(MD).No.15201 of 2020 and Crl.M.P.(MD).Nos.7316 and 7317 of 2020

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Shanmugaraj ... Petitioner/Accused No.6/

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Accused No.6

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Vs.

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1.State represented by its, The Inspector of Police, Kayathar Police Station, Thoothukudi District. (In Crime No.432 of 2016) ... 1^st Respondent/Complainant/ Complainant

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2.Anbuneethi, Village Administrative Officer, Vellankottai (In-Charge), North Elanthakulam, Kayathar Taluk, Thoothukudi District. ... 2^nd Respondent/Defacto Complainant/ Defacto Complainant

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PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in connection with P.R.C.No.21 of

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD).No.15201 of 2020

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2020 on the file of the learned Judicial Magistrate No.II, Kovilpatti, Thoothukudi District and quash the same against the petitioner.

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For Petitioner : Mr.G.Thalaimutharasu For R-1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R-2 : No appearance

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ORDER

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The instant Criminal Original Petition has been filed to quash the charge sheet filed in P.R.C.No.21 of 2020 before the learned Judicial Magistrate No.II, Kovilpatti, Thoothukudi District, in which the petitioner/6^th accused has been charged under Sections 147, 353, 506(2), 427 of IPC and Section 3(1) of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992.

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It is the submission of the learned counsel for the petitioner that

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there is no specific overt act referred to against this petitioner.

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However, such submission has been strongly objected by the

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learned Additional Public Prosecutor appearing for the first respondent. The

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD).No.15201 of 2020

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learned Additional Public Prosecutor invited the attention of this Court to

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the 161(3) CrPC statement of the witnesses, wherein, this Court finds that while recording the statement by the Investigation Officer, the witnesses have stated the role of the petitioner herein. Therefore, when there is a prima facie material available along with the charge sheet, while exercising inherent jurisdiction under Section 482 CrPC, this Court cannot go into the factual position of the matter. Hence, this Court does not find any merits in the quash petition and the same is liable to be dismissed.

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Accordingly, the Criminal Original Petition is dismissed. However,

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considering the long pendency of the case, this Court deems it appropriate to direct the Trial Court to dispose of the case in P.R.C.No.21 of 2020 within a period of three (3) months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed.

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06.03.2024

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NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

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Page 3 of 5

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD).No.15201 of 2020

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1.The Judicial Magistrate No.II, Kovilpatti, Thoothukudi District.

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2.The Inspector of Police, State, Kayathar Police Station, Thoothukudi District.

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

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Page 4 of 5

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD).No.15201 of 2020

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C.KUMARAPPAN,J.

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Crl.O.P.(MD).No.15201 of 2020

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06.03.2024

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Page 5 of 5

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https://www.mhc.tn.gov.in/judis

Shanmugaraj v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Shanmugaraj v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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