TAMILMARAN Vs. STATE

JUDGEMENT

(1.) (Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to call for the records pertaining to the case in C.C.No.1146 of 1997 on the file of the Judicial Magistrate No.II, Mannargudi, and quash the same.) Mr.S.Shanmugavelayutham, learned senior counsel for the petitioner submits that the petitioner has come forward with this petition seeking the relief of quashing the proceedings pending in C.C.No.1146 of 1997 on the file of the learned Judicial Magistrate No.II, Mannargudi, Thiruvarur District.

(2.) THE learned senior counsel for the petitioner submitted that the petitioner is facing the trial for the offences under Sections 326, 447 and 427 I.P.C. It is also submitted by the learned senior counsel that the petitioner was originally arrayed as A-5 out of five accused and as the petitioner was away at Singapore, the case was split up and proceeded against the remaining accused, viz., A-1 to A-4 and ultimately ended in acquittal. THE learned senior counsel contended that witnesses including the defacto complainant in this case turned hostile and there is absolutely no evidence available, as adduced by the prosecution, to implicate anyone of the accused and as such the learned trial Judge acquitted all the accused 1 to 4. It is submitted by the learned senior counsel that thereafter on return from Singapore, the petitioner surrendered and also filed a petition to recall the Non-Bailable Warrant and thereafter his case was taken separately in C.C.No.1146 of 1997 and the said case is pending against the petitioner herein. THE learned Senior counsel also contended that in view of the acquittal of the other accused, viz., accused 1 to 4, and in view of the admitted fact that the defacto complainant himself turned hostile and the occurrence itself is taken place as early as in the year 1990, no useful purpose would be served in proceeding against the petitioner herein by conducting trial.

(3.) I have carefully considered the submissions of both sides and also perused the entire materials available on record.