Back
2017 Supreme(Mad) 4176
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. VELMURUGAN, J.
N. Periyasamy – Petitioner
Versus
State Rep. by Inspector of Police, Central Bureau of Investigation – Respondent
Crl. R.C. No. 1630 of 2016 and Crl. M.P. No. 13395 of 2016
Decided On : 31-07-2017
For the Petitioner: Mr. K. Prabhakaran.
For the Respondent: Mr. K. Srinivasan.
Headnote:
Constitution of India,1950 - Article 41 and 142 – Indian Penal Code,1860 - Section 120 (B) r/w 218 – Criminal Procedure Code,1973 - Section 176 , 173 and 154 – Offence of criminal conspiracy - Charge-sheet - False case - Case against the order - Allegation made therein is that one, Labour Union Leader of M/s. Regency Ceramics Station Pvt. Ltd. and 9 others were taken on custody in connection with Cr. No. on file of Police Station - He developed chest pain while in custody - Though, he was sent to Government Hospital for treatment, Medical Officer declared him as brought dead - Wife of deceased, filed petitions in Crl. O.P. Nos. to before this Court and same were ordered to take up investigation of case - Separate case in Cr. No. on file of Yanam Police Station was re-registered as R.C. No. by CBI, SCB, relating to attack of workers and damages to properties of M/s. Regency Ceramics Limited - During course of investigation, it was revealed that a false case was registered by petitioner viz. (A1) and (A2) in connection with Cr. No. and same was re-registered - During investigation, it was revealed that a false case was registered by petitioner viz. (A1) and (A2) in connection with Cr. No. and same was re-registered as R.C. No. by CBI, SCB which was also clubbed with R.C. No - Thus, according to respondent/complainant, petitioner registered a false case and manipulated records - Held, Court should apply test as to whether uncontroverted allegation as made from record of case and documents submitted therewith prima-facie establish offence or not - If allegations are so patently absurd and inherently improbable that no prudent person can ever reach such a conclusion and where basic ingredients of a criminal offence are not satisfied then Court may interfere - Charge is an exception to rule of continuous prosecution - Where offence is even broadly satisfied - Court should be more inclined to permit continuation of prosecution rather than its quashing at that initial stage - Court is not expected to marshal records but is an opinion formed prima-facie - Arguments of both sides and on perusal of the materials placed before it, trial Court comes to a conclusion that prosecution has shown that there are prima-facie materials available to proceed case against petitioner and hence, trial Court rightly dismissed discharge petition filed by petitioner - Considering entire facts and circumstances of case, Court also comes to conclusion that prima-facie materials are available - Allegations shown in charge-sheet and from other documents produced with final report under Section 173 Cr.P.C. there are materials available to proceed the case against this petitioner - Criminal revision case is dismissed - Consequently, connected miscellaneous petition is closed.
1. The Criminal Revision Case is directed against the order dated 28.09.2016, passed by the learned Chief Judicial Magistrate, Puducherry made in Crl. M.P. No. 638 of 2014 in C.C. No. 77 of 2013 in dismissing the discharge petition filed by the petitioner.
2. The brief facts of the case are as follows:
(i) The case in Cr. No. 2 of 2012 dated 27.01.2012, on the file of the Yanam Police Station, was re-registered as R.C. No. 6/S/2012 by CBI, SCB, Chennai on 30.05.2012 for the offences punishable under Section 176 Cr.P.C. at the request of the Government of Puducherry, Home Department and was taken up for investigation. The allegation made therein is that one Matcha Murali Mohan, Labour Union Leader of M/s. Regency Ceramics Station Pvt. Ltd. Yanam and 9 others were taken on custody in connection with Cr. No. 11/2012 on the file of Yanam Police Station. He developed chest pain while in custody. Though, he was sent to the Government Hospital, Yanam for treatment, the Medical Officer declared him as brought dead. The wife of the deceased Matcha Murali Mohan, filed petitions in Crl. O.P. Nos. 3902 to 3907 of 2012 before this Court and the same were ordered to take up the investigation of the case in Cr. No. 11 of 2012 dated 27.01.2012 relating to attack of one Velaga Kasi Viswanathan and the case in Cr. No. 11 of 2012 was re-registered as R.C. No. 9/(S)/2012/CBI/SCB/Chennai and case in Cr. No. 12 of 2012 dated 27.01.2012 on the file of Yanam Police Station, Puducherry relating to assault of A. Senthamizh Selvan, Sub Inspector, IRBN, Yanam was re-registered as R.C. No. 10/S/ 2012/CBI/SCB/Chennai and both the cases were taken up for investigation. At that time, it was revealed that Velaga Kasi Viswanathan was attacked inside the factory at about 8.45 p.m. only after the death of Matcha Murali Mohan.
(ii) Similarly, a separate case in Cr. No. 15/2012 on the file of Yanam Police Station, was re-registered as R.C. No. 12/(S)/2012 by CBI, SCB, Chennai relating to attack of the workers and damages to the properties of M/s. Regency Ceramics Limited, Yanam. During the course of investigation, it was revealed that a false case was registered by the petitioner viz. N. Periyasamy (A1) and P. Veerabadhraswamy (A2) in connection with Cr. No. 11 of 2012 and the same was re-registered as R.C. No. 9 /(S)/2012 by CBI, SCB, Chennai, which was clubbed with R.C. No. 6/(S)/2012 of CBI, SCB, Chennai.
(iii) The case in Crime No. 12 of 2012 of Yanam Police Station was re-registered as R.C. No. 10/(S)/2012 of CBI, SCB, Chennai in connection with attack of A. Senthamizh Selvan, Sub Inspector, IRBN, Yanam. It was alleged therein that a sharp edged weapon like knife was used to attack A.Senthamizh Selvan by the deceased Matcha Murai Mohan and his uniform shoulder flap was torn off. During the investigation, it was revealed that a false case was registered by the petitioner viz. N. Periyasamy (A1) and Veerabadhraswamy (A2) in connection with Cr. No. 12/2012 and the same was re-registered as R.C. No. 10/(S)/2012 by CBI, SCB, Chennai which was also clubbed with R.C. No. 6/(S)/2012 of CBI, SCB, Chennai. Thus, according to the respondent/complainant, the petitioner registered a false case and manipulated the records.
(iv) The complainant viz. Velaga Kasi Viswanathan, Junior Manager, Regengy Ceramics Limited, Yanam was assaulted by the deceased Matcha Murali Mohan and 9 others in Regma Junction on 27.01.2012 at 6.00 a.m. while entering the factory for the morning shift. The case was registered against the deceased Matcha Murali Mohan, Chodi Ramakrishna, Kondamuri Hari and 17 others. They were brought to Yanam Police Station on the same day at 7.20 a.m. in connection with FIR in Cr. No. 11 of 2012 relating to the alleged assault of Velaga Kasi Viswanathan. But the place of occurrence did not mention in the FIR. On 27.01.2012, the deceased Matcha Murali Mohan and others were actually brought to the said police station at 6.45 a.m. As he developed chest pain, he was ta
