Crl.O.P.(MD)No.15358 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on : 05.01.2022

Delivered on : 31.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

Crl.O.P.(MD)No.15358 of 2019

and

Crl.M.P.(MD)Nos.9152 & 9153 of 2019

1.Senthilkumar

2.Selvi

3.Siva

4.Bhariraja

... Petitioners/

Accused Nos.1 to 4

vs.

1.State represented by

The Inspector of Police,

Devakkottai Taluk Police Station,

Devakkottai,

Sivagangai District.

(Crime No.170 of 2017)

...1st Respondent/

Complainant

2.Ramachandran

(R2 impleaded as per order of

this Court dated 11.11.2019

in Crl.M.P.(MD)No.9766/19

in Crl.O.P.(MD)No.15358/19)

...2nd Respondent

PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C,

to call for the records and set aside the order passed in

Cr.M.P.No.366 of 2018 in C.C.No.116 of 2018 passed by the learned

Judicial Magistrate, Devakkottai dated 05.09.2018.

For Petitioners : Mr.G.Karuppasamy Pandiyan

For Respondents

: Mr.R.Meenakshi Sundaram

Additional Public Prosecutor for R1

Mr.M.Balakrishnan for R2

1/10

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

Crl.O.P.(MD)No.15358 of 2019

O R D E R

This Criminal Original Petition is directed against the order

passed in Cr.M.P.No.366 of 2018 in C.C.No.116 of 2018 dated

05.09.2018 on the file of the Court of the Judicial Magistrate,

Devakkottai partly allowing the protest petition.

2.The petitioners are the accused in Crime No.170 of 2017 on

the file of the first respondent police.

3.It is not in dispute that the third petitioner and the second

respondent had lodged complaints for the occurrence allegedly held

on 23.08.2017 and on that basis, two FIRs came to be registered, one

in Crime No.169 of 2017 against the second respondent herein and one

Vignesh for the alleged offences under Sections 294(b), 323, 324 and

506(ii) IPC and the second FIR in Crime No.170 of 2017 against the

petitioners herein for the alleged offences under Sections 294(b),

323, 506(i) and 379 IPC.

4.It is also not in dispute that the first respondent after

completing the investigation, has laid the charge sheet with respect

to the Crime No.169 of 2017 and the case was taken on file and that

the second respondent and another accused have been appearing before

the concerned Court. But the first respondent has filed a final

report in Crime No.170 of 2017 deleting two persons and excluding 3

Provisions of law, for which FIR was registered and thereby charge

sheeted the petitioners 1 and 4 for the alleged offence under

Section 294(b) IPC only.

5.Aggrieved by the said final report, the defacto

complainant/second respondent has filed a protest petition in

Cr.M.P.No.366 of 2018 alleging biased investigation and the defects

and flaws in the investigation, sought for direction to appoint

another Investigating Officer to conduct the investigation and file

a final report. The first respondent police has filed a reply in the

form of the special report to the protest petition opposing the

allegations raised by the defacto complainant and sustaining the

filing of final report against the two accused for the alleged

offence under Section 294(b) IPC

6.The learned Judicial Magistrate, Devakkottai after enquiry

has passed the impugned order dated 05.09.2018 partly allowing the

protest petition and ordered for taking cognizance of the case

against all the four petitioners and for all the offences shown in

the FIR.

7.It is evident from the records that consequently, the case

was taken on file in C.C.No.116 of 2018 on the file of the Court of

the Judicial Magistrate, Devakkottai. Challenging the above order

passed by the learned Judicial Magistrate, the accused in Crime

2/10

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

Crl.O.P.(MD)No.15358 of 2019

No.170 of 2017 have filed the present petition invoking Section 482

Cr.P.C., seeki