IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

Crl.OP No.17212 of 2019

and

Crl.MP.Nos.8671 & 8672 of 2019

Sugu @ Sugumaran

.. Petitioner

.Vs.

1.The State rep.by

Inspector of Police,

R-1, Mambalam Police Station,

Chennai. ... Respondent/Complainant

2.E.Vinoth Kumar

.. Defacto Complainant

PRAYER: Criminal Original Petition filed under Section 482 of

the Code of Criminal Procedure, to call for the records in

P.R.C.No.89 of 2011, on the file of XVII Metropolitan

Magistrate, Saidapet, Chennai and quash the same.

For Petitioner : Mr.M.A.Gouthaman

For R 1

: Mr.M.Mohamed Riyaz, APP

ORDER

This petition has been filed seeking to quash the

proceedings in PRC No.89 of 2011, on the file of the XVII

Metropolitan Magistrate, Saidapet, Chennai.

2. It is seen from records that the petitioner had been

ranked as A-1 in this case. One Manikandan, who was ranked as A-

2 had approached this Court seeking for quashing the

proceedings. This Court by an order dated 14.02.2019, quashed

the proceedings insofar as A-2 is concerned. The relevant

portions of the order is extracted hereunder:

"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,

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

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.

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

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

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] b