The High Court cannot appreciate evidence and record findings in Section 482 Cr.P.C. proceedings. The trial court should decide the issues on merits and the accused's defense should be tested during the trial.

JUDGMENT

(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to the case registered in impugned charge sheet in CC No.238 of 2019 on the file of the learned District Munsif cum Judicial Magistrate, Vedasanthur in Crime No. 259 of 2019 on the file of the first respondent police and quash the same as illegal.)

1. This petition has been filed seeking direction to quash the proceedings in CC No.238 of 2019 on the file of the learned District Munsif cum Judicial Magistrate, Vedasanthur.

2. The second respondent is employed as Manager of Bala Thandayutapani Thirukovil Mahal at Vedasanthur and the said mahal belongs to four branches of one particular section of people. While being so, on 31.07.2019 at about 8.30 at the instance of the second respondent, flooring works were being carried out by construction workers and at that time, the petitioner herein and one Pitchaimani @ Jeyaprakash Narayanan have restrained them from carrying out the said work and abused them using odious words and also attacked him due to which he sustained injuries.

3. The learned Counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

4. The learned Additional Public Prosecutor would submit that the trial has been commenced and some of the witnesses have been examined in this case.

5. Heard the learned counsel appearing on either sides.

6. It is relevant to rely upon the judgment of the Hon'ble Supreme Court of India passed in Crl.A.No.579 of 2019 dated 02.04.2019 in the case of Devendra Prasad Singh Vs. State of Bihar & Anr., as follows:-

" 12.So far as the second ground is concerned, we are of the view that the High Court while hearing the application under Section 482 of the Cr.P.C. had no jurisdiction to appreciate the statement of the witnesses and record a finding that there were inconsistencies in their statements and, therefore, there was no prima facie case made out against respondent No.2. In our view, this could be done only in the trial while deciding the issues on the merits or/and by the Appellate Court while deciding the appeal arising out of the final order passed by the Trial Court but not in Section 482 Cr.P.C. proceedings.

13. In view of the foregoing discussion, we allow the appeal, set aside the impugned order and restore the aforementioned complaint case to its original file for being proceeded with on merits in accordance with law.

7. Recently, the Hon'ble Supreme Court of India dealing in respect of the very same issue in Crl.A.No.1572 of 2019 dated 17.10.2019 in the case of Central Bureau of Invstigation Vs. Arvind Khanna, wherein, it has been held as follows:

“19. After perusing the impugned order and on hearing the submissions made by the learned senior counsels on both sides, we are of the view that the impugned order passed by the High Court is not sustainable. In a petition filed under Section 482 of Cr.P.C., the High Court has recorded findings on several disputed facts and allowed the petition. Defence of the accused is to be tested after appreciating the evidence during trial. The very fact that the High Court, in this case, went into the most minute details, on the allegations made by the appellant-C.B.I., and the defence put-forth by the respondent, led us to a conclusion that the High Court has exceeded its power, while exercising its inherent jurisdiction under Section 482 Cr.P.C.

20.In our view, the assessment made by the High Court at this stage, when the matter has been taken cognizance by the Competent Court, is completely incorrect and uncalled for.”

8. Further the Hon'ble Supreme Court of India also held in the order dated 02.12.2019 in Crl.A.No.1817 of 2019 in the case of M.Jayanthi Vs. K.R.Meenakshi & anr, as follows:

"9. It is too late in the day to seek reference to any authority for the proposition that while invoking the power under Section 482 Cr.P.C for