Murder accused let off as ‘dead’ man appears before HC
As per the case, the ‘murdered person’, Nanda Kishore Chandak from Sowcarpet, filed a case against the petitioners, his paternal uncle and his son.
Madras High Court (File)
CHENNAI: In a farcical incident that exposed the lacunae in criminal justice system, two persons who allegedly murdered a relative produced the ‘dead’ man before the Madras High Court to prove their innocence, on Wednesday.
Shocked by the turn of events, the single-judge bench came down heavily on the police for filing the charge sheet and also the Metropolitan Magistrate who entertained the case without applying mind.
“If this is the status of judiciary, people will laugh at us; we can shut the doors of judiciary,” said Justice Anand Venkatesh.
The judge noted down the names of the investigation officer and the Metropolitan Magistrate, and said he would recommend disciplinary action against them. He also quashed the FIR against the petitioners, who sorted out the issue with the complainant.
Radhesh Shyam Sandak and Surendrakumar Sandak moved the High Court to quash the FIR filed against them. Appearing for them, advocate S Suresh said the police filed an erroneous charge sheet against the petitioners, as the alleged murder victim was still alive. He indeed had irrefutable proof: the ‘dead’ man was present in the court hall.
As per the case, the ‘murdered person’, Nanda Kishore Chandak from Sowcarpet, filed a case against the petitioners, his paternal uncle and his son. According to Nanda Kishore, he was attacked by an unknown person. Due to his rivalry with his uncle, he lodged a complaint against the latter.
In a bizarre twist of events, in the charge sheet booked by the then Seven Wells police inspector Ukkirapandian in 2019, the attempt to murder charge (Section 307 of IPC) changed into murder (Sec 302).
Subsequently, the VIII Metropolitan Magistrate of George Town court entertained the committal of offence, and later the 21st additional sessions judge, Chennai, summoned the accused on the basis of the charge sheet.
However, after the petitioners produced the allegedly murdered person before the High Court judge, the FIR was quashed.
Even as he quipped that the alleged victim should show his legs so that the court could confirm that it was not a ghost floating inside the court hall, Justice Venkatesh left no doubt about the seriousness of the lapse when he pulled up the magistrate and police.