Anbalagan vs The State Rep. By on 2 March, 2026

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    Madras High Court

    Anbalagan vs The State Rep. By on 2 March, 2026

    Author: G.K.Ilanthiraiyan

    Bench: G.K.Ilanthiraiyan

                                                                                                 Crl.O.P.No.29223 of 2022
                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS
    
                                                       DATED: 02.03.2026
    
                                                                CORAM:
    
                                THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
    
                                                  Crl.O.P.No.29223 of 2022 and
                                                    Crl.MP.No.17875 of 2022
    
                         Anbalagan                                                                  ... Petitioner
    
                                                                     Vs.
    
                         1.THE State Rep. By
                         INSPECTOR OF POLICE,
                         Pennagaram Police Station,
                         Dharmapuri District 636 810
                         (crime No.503 of 2021)
    
                         2.PERIYASAMY                                                         ... Respondents
    
    
                         Prayer: Criminal Original petition filed under Section 482 of Cr.P.C.
                         praying to call for the records pertaining to the proceedings in PRC No.15
                         of 2022 on the file of the Judicial Magistrate, Pennagaram, on the file of
                         the Respondent Police and to quash the same.
    
    
    
    
                                         For Petitioner         : Mr.S.Bharathi Raja
                                                                  for M/s.Nathan and Associates
    
                                         For Respondents
                                               For R1    : Mr.A.Gopinath,
                                                           Government Advocate(crl.side)
    
    
    
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                                                                                                Crl.O.P.No.29223 of 2022
                                                             ORDER
    

    This criminal original petition has been filed praying to

    quash the proceedings in PRC No.15 of 2022 on the file of the Judicial

    SPONSORED

    Magistrate, Pennagaram

    2. The case of the prosecution is that Al is a road contractor and

    doing quarry business in the name of Arun Blue Metal and Jayam

    Agencies. The accused A1 is the owner of the above said company and he

    came to know about that for the past 1 ½ years, said company workers

    had stolen the company’s fuel (diesel) from the crusher machine and sold

    the same to the local Tractor and JCB owners. Due to that, the accused Al

    got raged on the sellers, who sold the company’s fuel (diesel) and got

    angry on the witnesses Muthuvel and Suresh, those who purchased the

    diesel illegally from the above said quarry without knowledge of the

    accused A1. So that, the accused A1 to A7 joined together and discussed

    about the unlawfully purchased diesel from the above said quarry and

    then, they decided to kidnap the witnesses Muthuvel and Suresh for

    ransom with intention to collect the diesel amount from them. On

    17.11.2021 at about 10.00 AM, when the accused A1 to A6 joined

    together at the above said quarry office and A1 to A7 have hatched into a

    criminal conspiracy to kidnap the witnesses Suresh and Muthuvel for

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    Crl.O.P.No.29223 of 2022
    ransom with intention of committing of extortion from the witnesses

    Muthuvel and Suresh and in pursuance of the above said criminal

    conspiracy held between them for committing extortion of money from

    the witnesses Muthuvel and Suresh and thereby, the accused A1 to A7

    had committed the offence punishable under section 120(B) IPC each. In

    the course of the same transaction, on 17.11.2021 at about 10.00 AM, in

    front of the witness Periyasamy’s house located at Jelmarampatti Village,

    within the jurisdiction of Pennagaram P.S limits, when the accused A1 to

    A6 assembled and joined together in pursuance of criminal conspiracy to

    kidnap the witnesses Muthuvel and Suresh for ransom with intention of

    committing extortion from the witnesses Muthuvel and Suresh and were

    proceeding in a TATA Scorpio car bearing Registration number TN 65 AY

    7080 from Thallapallam to witness Periyasamy’s house and then, in front

    of above said place, the accused A1 to A6 were member of the unlawful

    assembly and were armed with deadly weapons namely wooden log, iron

    pipe for kidnapping for ransom and likely to cause death to the witnesses

    Muthuvel and Suresh and thereby the accused A1 to A6 had committed

    the offence punishable under section 147, 148 IPC each. In the course of

    the same transaction, at the same place and time, when the accused Al

    instigated the accused A2 to A6 and abused the witnesses Muthuvel with

    filthy words and then, the accused A1 voluntarily assaulted the witness
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    Crl.O.P.No.29223 of 2022
    Muthuvel with wooden log on the head, shoulders, neck and back side of

    the body repeatedly. Simultaneously, the accused A2, A3 joined together

    and assaulted the witness Muthuvel with iron pipe on the back side of the

    body, hands repeatedly and then, the accused A4, A6 joined together and

    assaulted the witness Muthuvel on hands and thereby sustained injuries.

    Simultaneously, the accused Al instigated the accused A2 to A6 and

    voluntarily assaulted the witness Suresh with wooden log on the back

    side of the body and thereby sustained injuries and wrongfully restrained

    the witness Suresh, Muthvel from proceeding further into any direction

    and with intention of kidnapping the witness Suresh and Muthuvel for

    ransom and they also put them inside the above said car and kidnapped

    the witnesses Muthuvel and Suresh to the Arun Blue Metal company

    which is located at Pethampatti Village, where A7 joined together with

    common object along with the accused A1 to A6 and voluntarily

    assaulted the witnesses Muthuvel and Suresh, thereby A1 committed

    offence punishable under section 294(b) IPC (2 counts), and the accused

    A1 to A6 had committed the offence punishable under section 341 IPC

    each, while all the accused A1 to A7 had committed the offence

    punishable under sections 364-A, 365, 323, 324, 342, 330, 348, 346, 387

    IPC each. In the course of the same transaction, at the same place and

    time, when the accused A1 went to Arun Blue Metal company, which is
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    Crl.O.P.No.29223 of 2022
    located at Pethampatti Village and in front of the above said company

    gate, the accused got down from the above said Car and had committed

    the criminal Intimidation by threatening the witnesses and thereby, the

    accused Al had committed the offence punishable under section 506(i)

    IPC.

    3. The learned counsel appearing for the petitioner would

    submit that the first respondent without even following the principles laid

    down in the case of D.K.Basu Vs. State of West Bengal, conducted

    investigation and filed final report. There is absolutely no prima facie

    case made out against the petitioner to attract any of the charges under

    Sections 147, 148, 294(b), 323, 324, 341, 342, 364A, 365, 330, 348, 346,

    387, 506(i) & 120B of IPC.

    4. On perusal of the records, it is revealed that there are

    specific allegations against the accused persons in order to attract the

    charges under Sections 147, 148, 294(b), 323, 324, 341, 342, 364A, 365,

    330, 348, 346, 387, 506(i) & 120B of IPC.

    5. The Hon’ble Supreme Court of India in the judgment

    reported in 2019 (4) SCC 351 in the case of Devendra Prasad Singh Vs.
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    Crl.O.P.No.29223 of 2022
    State of Bihar & Anr., (Crl.A.No.579 of 2019 dated 02.04.2019) while

    dealing with the petition to quash the entire criminal proceedings held

    that the High Courts have no jurisdiction to appreciate the statement of

    the witnesses and record a finding that there were inconsistencies in their

    statements and therefore, there was no prima facie case made out as

    against the accused. It could be done only by the trial Court while

    deciding the issues on the merits or/and by the Appellate Court while

    deciding the appeal arising out of the final order that the charge sheet has

    been laid on the basis of the inconsistent statement under Section 161 of

    Cr.P.C.

    6. Fruther, the Hon’ble Supreme Court of India in the judgment

    reported in 2019 (10) SCC 686 in the case of Central Bureau of

    Investigation Vs. Arvind Khanna, (Crl.A.No.1572 of 2019 dated

    17.10.2019) held that the High Courts cannot record the findings on the

    disputed facts. The defence of the accused is to be tested after

    appreciation of evidence by the trial Court during the trial. Therfore, this

    Court has no power to consider the disputed facts under Section 482 of

    Cr.P.C.

    7. The Hon’ble Supreme Court of India in another judgment

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    Crl.O.P.No.29223 of 2022
    dated 02.12.2019 passed in Crl.A.No.1817 of 2019 in the case of

    M.Jayanthi Vs. K.R.Meenakshi & anr, held that while considering the

    petition for quashment of complaint or charge sheet, the Court should not

    embark upon an enquiry into the validity of the evidence available. All

    that the Court should see is as to whether there are allegations in the

    complaint which form the basis for the ingredients that consititue certain

    offences complained of. Further, the Court can also see whether the

    preconditions requisite for taking cognizance have been complied with or

    not and whether the allegations contained in the complaint, even if

    accepted in entirety, would not consititue the offence alleged. Whether

    the accused will be able to prove the allegations in a manner known to

    law would arise only at a later stage i.e., during trial.

    8. Further this Court cannot observe at this stage that the

    initiation of criminal proceeding itself is malicious. Whether the criminal

    proceeding is malicious or not, is not required to be considered at this

    state. The same is required to be considered at the conclusion of the trial.

    Therefore, the ground raised by the petitioner to quash the final

    report/charge sheet cannot be entertained to quash the entire proceedings.

    9. Further, the present case has been committed to Principal
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    Crl.O.P.No.29223 of 2022
    District and Sessions Court, Dharmapuri and the same has been taken

    cognizance in SC.No.135 of 2022. It is unfortunate to state that this

    criminal original petition is pending without any interim order. Even then,

    the trial court did not proceed with the trial. Therefore, the trial court is

    directed to complete the trial within a period of six months from the date

    of receipt of this order.

    10. With the above direction, this criminal original petition is

    dismissed. Consequently, connected miscellaneous petition is closed.

    
    
    
    
                                                                                                         02.03.2026
                         Index            : Yes/No
                         Neutral citation : Yes/No
                         Speaking/non-speaking order
                         lok
    
    
    
    
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                                                                                         Crl.O.P.No.29223 of 2022
    
    
    
    
                         To
    
                         1.Judicial Magistrate, Pennagaram
                         2.THE State Rep. By
                         INSPECTOR OF POLICE,
                         Pennagaram Police Station,
                         Dharmapuri District 636 810
    
    
    
    
                         Page 9 of 10
    
    
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                                                                                   Crl.O.P.No.29223 of 2022
    
    
                                                                        G.K.ILANTHIRAIYAN, J.
    
    
                                                                                                      lok
    
    
    
    
                                                                            Crl.O.P.No.29223 of 2022
    
    
    
    
                                                                                            02.03.2026
    
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