1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2011 CORAM: THE HONOURABLE MR.JUSTICE R.S.RAMANATHAN Crl.O.P.(MD)Nos.163 and 2406 of 2011 and M.P.(MD)Nos. 1and 1 of 2011 1.Suba ... Petitioner in Crl.O.P.(MD)NO.163/2011/Accused No.1 2.Iruthayam 3.Selvaraj 4.Madasamy ... Petitioners in Crl.O.P.(MD)NO.2406/2011/Accused No.2,3&4 Vs. 1. The State by The Inspector of Police, Munnirpallam Police Station, Tirunelveli District. In Crime No.293 of 2010. ... Respondent/Complainant in both Crl.OPs. 2.Rukmani ... Respondents/defacto Complainants in both Crl.O.Ps' PRAYER IN BOTH CRL.OPS': These Criminal Original Petitions are filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the proceedings in Crime No.293 of 2010 pending on the file of the 1st respondent police and quash the same. For Petitioners : Mr.V.Kathirvelu for in both Crl.O.Ps' Mr.K.Sathiya Singh For R - 1 : Mr.A.P.Bala Subramani in both Crl.O.Ps' Govt. Advocate (Crl.side) For R - 2 : Mr.B.Pugalendhi in both Crl.O.Ps' COMMON ORDER Both the petitions are filed to call for the records pertaining to the proceedings in Crime No.293 of 2010 pending on the file of the 1st respondent police and quash the same. 2. Heard the learned counsel for the petitioners and the learned Govt Advocate (Crl. Side), appearing for the first respondent and the learned counsel for the second respondent. 3. Mr.V.Kathirvelu, learned Senior Counsel for Mr.K.Sathiya Sing, learned counsel appearing for the petitioners submitted that even prior to the registration of the crime, the defacto complainant has given a statement before the Doctor, to the effect that she was assaulted by four known persons with stick and in the F.I.R. it was stated that she was assaulted with iron-rod. He further submitted that no offence is made out under Section 294(b) I.P.C. as the occurrence did not take place in a public place and even according to the F.I.R., the occurrence took place in the lane of https://hcservices.ecourts.gov.in/hcservices/ 2 the defacto complainant. He further submitted that the school authorities, where the (*)petitioner 1 and 2 worked, has also given a certificate stating that the (*)petitioner 1 and 2 attended the school on 04.12.2010 and that is found in (*)the typed set of papers. He further submitted that there was previous enmity and no external injury was found on the defacto complainant Therefore, no case made out for registering a crime for the offence under Sections 294(b), 323 and 324 I.P.C. 4. I am unable to accept the contention of the learned Senior Counsel As per the F.I.R., necessary allegations are made to register a case for the offences under Sections 323 and 324 I.P.C. It is stated that the accused Suba took the iron-rod and caused injuries on her abdomen and the accused, Iruthayam attacked her with stick and the accused Selvaraj and Madasamy slabbed her with hands. Though in the Accident Register it has been stated that the defacto complainant was assaulted with stick, that cannot be a ground for quashing the F.I.R. as the victim was admittedly assaulted with stick also and she has omitted to state that she was assaulted with iron-rod and that fact can be considered during the trial. Though it has been stated that the occurrence took place in the lane, belonging to one Lakshmi, who is the aunt of the defacto complainant, it is stated that on hearing the sound others came to that place and therefore, the occurrence took place in the vicinities of public and therefore, in my opinion, the case has been registered for the offences stated above. Further while considering the application to quash the F.I.R. report has to look into the allegations made in the F.I.R and court cannot take into consideration the other materiels available during the investigation. According to me necessary allegations were made in the complaint for registering a case and hence, I do not find any reason to quash the complaint, both the petitions are dismissed Consequently, connected miscellaneous petitions are closed. 5. The first respondent is directed to file a final report after taking into consideration the Accident Register and the statement of the other witnesses obtained during investigation. Sd/- Assistant Registrar(Crl.Side) (*)Amended as per the order of this Court dated 25.07.2011 By RMJ. Sd/- Assistant Registrar(AE) /TRUE COPY/ Sub Assistant Registrar To To be substituted for the order already despatched on 20.06.2011 1. The Inspector of Police, Munnirpallam Police Station, Tirunelveli District. 2.The Additional Public Prosecutor, Madurai Bench of the Madras High Court,Madurai. +1cc to Mr.K.Sathiya Singh, Advocate SR.No.17835 Crl.O.P.(MD)Nos.163 and 2406 of 2011 08.06.2011 vsm PA/17.06.2011/2P/4C PA/01.08.2011/2P/4C https://hcservices.ecourts.gov.in/hcservices/