Dismissed

Ganeshan v. The Sub Inspector of Police

Madras HC15 Jul 2024CRL RC(MD)/504/2022

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court dismissed a criminal revision petition challenging the dismissal of a discharge petition. The Court held that the remedy for allegations of victimhood or counter-allegations is a simultaneous trial under Criminal Procedure Rules.

What did the court decide?

The Criminal Revision Petition is dismissed. The learned trial Judge is directed to follow the procedure for the trial of case and counter case.

Ganeshan Vs The Sub Inspector of Police — Criminal Trial and Appeal | Madras HC (2024)

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Crl.R.C.(MD)No.504 of 2022 and Crl.M.P.(MD)No.6321 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 15.07.2024

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CORAM

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THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

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Crl.R.C.(MD)No.504 of 2022 and Crl.M.P.(MD)No.6321 of 2022

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1.Ganeshan 2.Lakshmi 3.Shenbagaraj ...Petitioners 1 to 3/Petitioners 1 to 3/ Accused Nos.1 to 3

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Vs.

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The State rep. through its The Sub Inspector of Police, Kadupatti Police Station, Madurai District. (Crime No.109/2017) ... Respondent/Respondent/Complainant

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PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401 of Cr.P.C., to call for the records and set aside the order dated 11.04.2022 made in Cr.M.P.No.913 of 2021 in C.C.No.104 of 2020 on the file of the learned Judicial Magistrate Court, Vadipatti and allow this Criminal Revision Petition.

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For Petitioner : Mr.A.Saravanan

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For Respondent : Mr.B.Thanga Aravindh Government Advocate(Crl.side) * * * * *

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1/6

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

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Crl.R.C.(MD)No.504 of 2022 and Crl.M.P.(MD)No.6321 of 2022

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ORDER

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This Criminal Revision case has been filed to set aside the order dated 11.04.2022 made in Cr.M.P.No.913 of 2021 in C.C.No.104 of 2020 on the file of the learned Judicial Magistrate Court, Vadipatti.

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2.The case of the prosecution is that the third petitioner in this case was living with his parents. He wanted to build a temple and allow worship by the public in his house. As he is in-charge of Hindu Munnani Organization, his neighbours Raja and his wife Usharani revolted and had threatened him that he should not build a temple and quarrelled with him often and also they removed the stone meant for building the temple. On 21.03.2017, when Lakshmi Varaha Swami Puja was performed in the puja room of the third petitioner's house, the said rebels, Raja and his wife Usharani and their daughter Saranya, trespassed into the third petitioner's house and assaulted him with iron rod and wooden log and also intimidated him. At that time, the third petitioner's parents rushed in and they were also attacked by them and they sustained injuries. Thereafter, a complaint was lodged and FIR was registered under Sections 448, 294(b), 324 and 506(ii) of IPC and 4 of TNPWH Act against the petitioners.

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

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Crl.R.C.(MD)No.504 of 2022 and Crl.M.P.(MD)No.6321 of 2022

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3.The petitioners are the accused in Crime No.109 of 2017 on the file of the respondent police. They have filed this petition, challenging the dismissal of discharge petition by order passed in Cr.M.P.No.913 of 2021 on the file of the Judicial Magistrate, Vadipatti.

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4.According to the petitioners, they were assaulted by the complainant and others. The complainant has made a false complaint against the petitioners and the same was registered by the respondent police. According to the petitioner, there is “case and counter case”. They are not aggressors. They are infact victims. The police have falsely roped them in this occurrence.

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5.In the said circumstances, materials were collected by the investigating agency to substantiate the allegations made in the FIR in Crime No.109 of 2017. At this stage, the petitioners had filed the discharge petition before the Court below. The Court below has dismissed the petition stating that sufficient materials are available to frame the charges against them.

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

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Crl.R.C.(MD)No.504 of 2022 and Crl.M.P.(MD)No.6321 of 2022

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6.This Court pursued the records and also the materials produced along with the final report. There are allegation against the petitioners. As per the law laid down by this Court as well as Criminal Rules of Practice, the only remedy available for the petitioners is to face a simultaneous the trial of case and counter case. Thereafter only the trial court can decide who are the aggressors.

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7.In the said circumstances, this Court finds no merits in the petition and inclines to dismiss the petition with a direction to the learned trial Judge to follow the procedure laid down by this Court and Criminal Rules of practice regarding the trial of the case and counter case.

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8.Accordingly, this Criminal Revision Petition is dismissed. Consequently, connected miscellaneous petition is closed.

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15.07.2024 2/2

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NCC : Yes/No Index : Yes/No Internet: Yes/No RJR

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

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Crl.R.C.(MD)No.504 of 2022 and Crl.M.P.(MD)No.6321 of 2022

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1.The learned Judicial Magistrate Court, Vadipatti.

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2.The Sub Inspector of Police, Kadupatti Police Station, Madurai District.

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

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4.The Section Officer, Criminal Section(Records), Madurai Bench of Madras High Court, Madurai.

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

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Crl.R.C.(MD)No.504 of 2022 and Crl.M.P.(MD)No.6321 of 2022

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K.K.RAMAKRISHNAN, J.

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RJR

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Crl.R.C.(MD)No.504 of 2022 and Crl.M.P.(MD)No.6321 of 2022

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15.07.2024 2/2

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

Ganeshan v. The Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Ganeshan v. The Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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