IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN

CRL.O.P.No.1658 of 2019

and CRL.M.P.Nos.1046 & 1047 of 2019

P.Manikandan @ C.D.Mani

... Petitioner/Accused 2

Vs.

1.State by,

Inspector of Police,

R-1, Mambalam Police Station,

Chennai.

Crime No:253/2009 ...1^st Respondent/Complainant

2.E.Vinoth Kumar

...2^nd Respondent/Defacto Complainant

PRAYER: Criminal Original Petition filed under Section 482 of

Cr.P.C, to call for the records and quash the proceedings in

P.R.C.No.89 of 2011 pending trial on the file of learned XVII

Metropolitan Magistrate, Saidapet, and Chennai.

For Petitioner : Mr.C.D.Johnson

For Respondent : Mr.M.Mohamed Riyaz for R1

Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to quash the

proceedings in P.R.C.No.89 of 2011, on the file of learned XVII

Metropolitan Magistrate, Saidapet, Chennai

2.The learned counsel for the petitioner submitted that the

petitioner has been arrayed as second accused. There are

totally 12 accused were charged in Crime No.253 of 2009 for the

offence under Sections 147, 148, 341, 336, 427, 307 and 506(ii)

of IPC and it is pending for committal in P.R.C.No.197 of 2010

before the learned XVII Metropolitan Magistrate, Saidapet,

Chennai.

https://hcservices.ecourts.gov.in/hcservices/

3.Since the case is triable by the Sessions Court, which

was posted for committal and some of the accused including the

petitioner did not appear before the said Court, the charge

sheet in P.R.C.No.197 of 2010 was committed to trial Court

namely, the Prinicpal Sessions Judge, Chennai. Later it was

assigned to Vth Fast Track Court, Additional Sessions Judge in

S.C.No.336 of 2011. The trial has been conducted as against

only eight accused persons. During the trial PW1 to PW7 were

examined, Exs.P1 to P12 marked MO1 to M10 material objects were

produced. After full fledged trial, the trial Court found all

the accused persons were not guilty and acquitted by its

judgment dated 29.09.2011. Now as against the petitioner in

P.R.C.No.89 of 2011 is pending for committal before the learned

XVII Metropolitan Magistrate, Saidapet, Chennai.

4.He further submitted that when co-accused were acquitted

by the trial Court, benefit of acquittal can be extended to the

petitioner and the petitioner is also standing in same footing

of other accused. Hence, he prayed for quashing the charge sheet

in P.R.C.No.89 of 2011.

5.Per contra, the learned Additional Public Prosecutor

submitted that the benefit of acquittal cannot be extended to

the petitioner since the petitioner arrayed as second accused.

The petitioner and 11 other accused with an intention to murder

one Soori, unlawfully assembled and attacked Soori with deadly

weapons namely, knife. As such the case has been registered in

Crime No.253 of 2009 for the offence under Sections 147, 148,

341, 336, 427, 307 and 506(ii) of IPC.

6.Further, he submitted that during the course of

investigation, the accused persons [A-2, A-6, A-7, A-10, A-11 &

A-12] surrendered before the XVII Metropolitan Magistrate Court,

Saidapet, Chennai, and all of them were remanded into judicial

custody. For apprehension of arrest, the accused [A-4] obtained

Anticipatory bail. On 26.04.2010, the then Inspector of Police

filed absconding charge sheet against accused persons [A-1 & A-

5] and charge sheet against the other accused persons [A-2, A-

3, A-4, A-6 to A-12] before the XVII Metropolitan Magistrate

Court, Saidapet, Chennai and the same was taken on file vide

P.R.C.No.89 of 2011 dated 01.08.2011. The case against the

accused persons [A-2, A-3, A-4, A-6, A-7, A-9, A-10, A-11 and A-

12) was split up in P.R.C.No.197/2010, dated 07.07.2011 and the

same was committed to the Sessions Court, Chennai and assigned

S.C.No.336/2011 and they were acquitted as the prosecution