Advocates:
['M/s Malaikani S', '', 'Manimegalai M', 'Sabeer Mohamed I', '', 'Addl Typed set filed', 'Public Prosecutor', '', 'R M ANBUNITHI', 'APP', 'TAKES NOTICE', 'M/s Ramasamy S', 'Ravindrakumar C R', '', 'Vak filed']

Crl.O.P(MD)No.8438 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on: 16.08.2021

Pronounced on : 04.10.2021

CORAM:

THE HONOURABLE MR JUSTICE G.ILANGOVAN

Crl.O.P.(MD) No.8438 of 2021

and Crl.M.P(MD)Nos.4334,4335 of 2021

P.Periyakaruppan @ Deepan Raja ... Petitioner/Accused No.2

Vs.

1.The State Through

The Inspector of Police,

Oomachikulam Police Station,

Madurai District.

(Crime No.114 of 2019)

... Respondent/De Jure Complainant

2.P.Periyakaruppan ... Respondent/De Facto

Complainant

PRAYER: Criminal Original Petition is filed under Section 482 of

Cr.P.C to call for the entire records connected with the case in

P.R.C.No.56 of 2021 pending on the file of the Learned Judicial

Magistrate No.V, Madurai and quash the same as illegal.

For Petitioner

: Mr.S.Malaikani

For R1

: Mr.K.Sanjai Gandhi

Government Advocate(Crl side)

For R2

: Mr.S.Ramasamy

O R D E R

This petition is filed seeking quashment of charge sheet in

P.R.C.No.56 of 2021 pending on the file of the learned Judicial

Magistrate No.V, Madurai.

2. The case of the prosecution in brief: On 10.07.2021 at about

8.30 a.m when the defacto complainant was standing in front of his

house, the first accused namely Pethumaharaja and his son namely,

Dheepan abused him in filthy language and assaulted him with hands

and the first accused stabbed the defacto complainant on the right

side of the chest and also assaulted him with the knife on the

hands. When the neighbours in that area gathered, both the accused

fled away from the place of occurrence. Based upon the complaint

given by the second respondent, the case in Crime No.114 of 2021 was

registered for the offences under Sections 341, 294(b), 323, 307,

506(ii) IPC. After collecting the materials and recording the

statement of witnesses, final report has been filed, which was taken

P.R.C.No.56 of 2021 pending on the file of the learned Judicial

Magistrate No.V, Madurai for the offences punishable under Sections

1/3

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

Crl.O.P(MD)No.8438 of 2021

341, 294(b), 323, 307 and 506(ii) IPC against the first accused and

for the offences under Sections 341, 294(b), 323 and 506(ii) against

the second petitioner, who is the petitioner herein. Challenging the

final report, this petition came to be filed.

3. Heard both sides.

4. The first accused namely, Pethumaharaja has reported to be

dead during the pendency of the investigation. But however, without

noticing the same, final report also came to be filed against him.

The ground on which this petition is filed is that in the First

Information Report, presence of the petitioner has not been

mentioned by the defacto complainant. The contents of the First

Information Report runs like thus: There is a land dispute pending

between the Pethumaharaja and the defacto complainant over which the

Pethumaharaja gave a petition before the Tahsildar and that was

rejected as false and because of that there was enmity between

Pethumaharaja and his son Dheepan and Thirumalai. Thirumalai is

working as the Sub Inspector of Police in Virudhunagar. Thirumalai

was also instigating Pethumaharaja stating that the defacto

complainant must be killed, so that property can be taken by them.

In pursuance of the above said instigation, on 10.07.20219 at about

8.30 a.m, when he was standing in front of his house the accused

Pethumaharaja and his son Dheepan with some unidentifiable persons

waylaid him and assaulted and abused in filthy language. At the

instigation of Pethumaharaja one person in the group assaulted him

with knife and Pethumaharaja and Dheepan and other assaulted him

with hands. He assaulted him with his hands. He tried to ward of the

assault made by the person with knife. When the neighbours gathered

there all the accused fled away from the place of occurrence.

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