1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.09.2011 CORAM THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD).No.11921 of 2011 And M.P.(MD).Nos. 1 & 2 of 2011 P.Murugesan ...Petitioner/Accused - 29 -Vs- 1. State rep. by Inspector of Police Swamimalai Police Station Swamimalai Thanjavur 2. A.K.Sivakumar ...Respondent/Complainant PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to call for records charge sheet in P.R.C.No. 72 of 2010 on the file of the learned Judicial Magistrate, Kumbakonam and quash the same. For Petitioner : Mr.V.Krishnamoorthy For 1st Respondent : Mr.K.V.Rajarajan Government Advocate O R D E R The Petitioner, who has been arrayed as 29 in P.R.C.No. 72 of 2010, for the alleged offences under Sections 147, 148, 294(b), 506(ii), 307 of IPC read with 109 of IPC, has come forward to file this Petition to quash the said proceedings. 2. In pursuant to the complaint, dated 31.12.2008, a case has been registered in Crime No. 175 of 2008 and a final report was filed by the respondent, which has been taken on file in P.R.C.No. 72 of 2010. The petitioner herein has been arrayed as A-29. The allegation is to the effect that while the de-facto complainant and other students held sit- in-strike inside the school campus, the accused persons wielding weapons such as knife, spear, aruval and wooden logs and using filthy language and to attack them. 3. The case of the petitioner is that the offence under Section 109 of IPC has not been made out as the material available on record do not indicate the parameters mentioned therein for abetment. In support of the contention, the learned counsel for the petitioner relies upon the Judgment of the Supreme Court in Shri Ram Vs. State of U.P., reported in AIR 1975 SCC 175, and submitted that the proceedings against the petitioner will have to be quashed. 4. Per contra, a counter affidavit has been filed by the respondent wherein it has been stated that a perusal of the First Information Report and 161(3) statement of the witnesses as well as the https://hcservices.ecourts.gov.in/hcservices/ 2 confession statement of the accused clearly proved that the offence was committed at the instigation on the aid of the petitioner. It is further stated that the perusal of the complaint itself would show that the main accused attributed words about the involvement of the petitioner in the offence. Accordingly, it is stated that the Petition is liable to be dismissed. 5. It is further stated that the case has been committed by the learned Additional Assistant Sessions Judge, Kumbakonam, on 10.06.2011 itself and the case has been numbered as S.C.No. 188 of 2001 on the file of the learned Additional Assistant Sessions Judge, Kumbakonam and the case is posted for framing charges against the accused. 6. As submitted by the respondent, it cannot be said that there is no material for the alleged offence attributed against the petitioner. The question as to whether the charge levelled against the petitioner is true or not can only be posted by the Trial Court. It is seen that the case has been committed to the learned Additional Assistant Sessions Judge, Kumbakonam and the same is numbered as S.C.No. 188 of 2001 and the case is posted for framing of charges against the accused. It is further to be seen that the charge sheet has been filed taking note of the submissions made under 161(3) statement as well as the confession statement of the accused and the averments made in the complaint. After investigation, the respondent has filed the charge sheet. 7. Hence, this Court does not find any reason to interefere with the proceedings pending on the file of the learned Additional Assistant Sessions Judge, Kumbakonam in S.C.No. 188 of 2001. The question as to whether the petitioner is genuine case or not will have to be decided by the Trial Court on appreciation of evidence available before it. 8. Hence, this Petition is dismissed. However, taking note of the fact that the petitioner is Correspondent of the College and the appearance of the petitioner is dispensed with unless and until, the same is required by the Trial Court. Consequently, M.P.(MD).No. 1 of 2011 is closed. vsg Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Judicial Magistrate, Kumbakonam 2.The Inspector of Police, Swamimalai Police Station, Swamimalai,Thanjavur 3.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD).No.11921 of 2011 And M.P.(MD).Nos. 1 & 2 of 2011 Dated:22.09.2011 2P/4C RPB 10.10.2011 https://hcservices.ecourts.gov.in/hcservices/