The Petition, filed under Section 482 Criminal Procedure Code in Madras High Court. The case of K. Palani v. The State and Ors. was filed for quashing of records present in the file of Learned Judicial Magistrate. Justice Mr PN Prakash heard and allowed the petition.
Facts of the Case
The complaint was filed by the Respondent 3, Saraj Raj due to which police registered a case, and filed charges present under Section 166, 342, 294(b), 324, 307 and 506 r/w Section 114 of Indian Penal Code. The Petition is of quashing the same. The complaint was regarding Palani, the Inspector of the Police station thrashing Saran Raj instead of taking him to jail after he was ordered to be taken into Judicial Custody.
Arguments of the Parties
Petitioner essentially contends that Saran Raj is a practising lawyer of the Court where the trial of the case has to take place and hence if the trial is conducted in Villupuram District, the Petitioner might not get a fair trial.
Court’s Observation and Decision
The Court observed that every Accused has a right to fair trial however bad the offence committed is, and on that ground, the Court seeks to transfer the case from Villupuram District to the Court of the Judicial Magistrate No. I, Trichy. All the records and evidence about the case has to be transferred to the said Court.
Court also ordered Palani and others to appear before the Judicial Magistrate No. I, Ulundurpet for the charges filed by Saran Raj.
Court also stated that the presence of Palani can be dispensed after the charges are filed if he ensures to execute his bond of Rs. 25000 under Section 88 of Cr.P.C. along with undertaking that he will neither dispute his identity nor his lawyer will use dilatory tactics, But he shall appear for the case as required the Trial Court, for framing of charges, questioning under Section 313 Cr.P.C. and on the date of judgment positively.
The Court allowed and dismissed the Petition.
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