Crl.O.P.(MD)No.19059 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED:08/03/2022

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN

Crl.O.P.(MD)No.19059 of 2019

and

Crl.MP(MD)Nos.11188 and 11189 of 2019

A.Anbalagan : Petitioner/Accused Name

not mentioned in the FIR

Vs.

1.State rep. By

The Inspector of Police,

Manamadurai Police Station,

Sivagangai District.

(In Crime No.474 of 2008) : R1/Complainant

2.Subbaraj : R2/De-facto complainant

Prayer: Criminal Original Petition is filed under Section 482

Cr.P.C., to call for the records in PRC No.6 of 2009 pending on the

file of the Additional District Munsif-cum-Judicial Magistrate,

Manamadurai, Sivagangai District and quash the same as illegal so

far as the petitioner is concerned.

For Petitioner : Mr.R.Venkateswaran

For 1^st Respondent : Mr.P.Kottai Chamy

Government Advocate (Crl.Side)

For 2^nd Respondent : No appearance

O R D E R

This criminal original petition is filed seeking quashment of

the case in PRC No.6 of 2009 pending on the file of the Additional

District Munsif-cum-Judicial Magistrate, Manamadurai, Sivagangai

District.

2.The case of the prosecution in brief:-

On 11/09/2008, when the petitioner along with the other accused

persons were proceeding to Immanuel Sekar Gurupooja in their

vehicle, caused damage to the Government Transport Corporation bus

bearing registration No.TN-63-N-1208 by pelting stones and thereby,

caused damage to the front windscreen of the bus worth about

1/3

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

Crl.O.P.(MD)No.19059 of 2019

Rs.4,000/-. Because of pelting of the stones, the driver of the bus

has also got injury. Based on the complaint given by the 2^nd

respondent, who was the driver and injured, a case in Crime No. 474

of 2008 was registered for the offences under Section 336 IPC and

Section 3 of the TNPPDL Act and in pursuance of the above said

registration of the case, investigation was undertaken and materials

were collected and final report was also filed before the committal

court namely the District Munsif-cum-Judicial Magistrate,

Manamadurai, which was also taken cognizance in PRC No.6 of 2019.

3.Seeking quashment of the same, this petitioner, who is stated

to be the third accused in this case, has filed this quash petition

mainly on the ground that he is not involved in the occurrence and

the real accused name is Anbalagan, whereas his father name is

Gurusamy and by wrong identification of the accused, the police

pressuring him to appear before the court.

4.Heard both sides.

5.As stated in the final report as well as in the complaint, it

is seen that the accused persons, who were proceeding to celebrate

the Immanuel Sekar Gurupooja, on 11/09/200 at about 12.45 pm,

involved in rioting and caused damage to the Government Bus bearing

registration No.TN -63-N-1208. The de-facto complainant was not able

to identify the person, who pelted the stones and caused injury as

well as damage. Later, he came to know that the accused were

proceeding to Manamadurai to take part in the Gurupooja of Immanuel

Sekar. But however, how the persons were identified during the

course of investigation is not understandable.

6.The entire CD file has been called for and perused, wherein

we find that no identification parade had been conducted by the

Investigating Officer. Only based upon the oral statement of the

witnesses, the final report has been filed, even without verifying

the accused identification, who is the owner and driver of the

Mahendira vehicle baring registration No.TN-67-CV-8064, which was

hired by Ravichandran, Murugan @ Vadivel Murugan, Anbalagan, Jothi

and Mohan, approached him for hiring the vehicle and they are about

12 numbers identified the vehicle on the way. But how