The Madurai Bench of Madras High Court allowed a criminal original petition under Section 482 CrPC to quash a case involving a self-immolation attempt by the accused (petitioner) to avoid her son's apprehension, finding no purpose served by a trial.
The criminal case STC No.1562/2013 filed before the Judicial Magistrate, Sivakasi, is quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2014 CORAM THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI Crl.O.P.(MD)No.1151 of 2014 and M.P.(MD)No.1 of 2014
Santhosham ... Petitioner / Accused
-Vs-
State represented by the Inspector of Police, Sivakasi East P.S., Sivakasi Cr.No.535/2012 Virudhunagar District ... Respondent / Complainant
PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records from the learned Judicial Magistrate, Sivakasi, hear the petitioner's counsel and quash the case in STC No.1562/2013 on the file of the learned Judicial Magistrate, Sivakasi.
*** For Petitioners : Mr.S.Radhakrishnan For Respondent : Mr.K.Anbarasan Govt.Advocate (crl.side)
ORDER
This Criminal Original Petition has been filed praying to call for the records from the learned Judicial Magistrate, Sivakasi, and quash the case in STC No.1562/2013.
2.According to the prosecution, the accused, in order to avoid apprehending her son Chidambaram, attempted to set fire her self by using kerosene and investigation was conducted, some witnesses were examined and charge sheet was also filed and taken on file. At this juncture this present petition is filed.
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the view that no purpose will be served if the case is allowed to go for trial.
and the case in STC No.1562/2013 on the file of the learned Judicial Magistrate, Sivakasi is quashed. Consequently, connected miscellaneous petition is closed.
Sd/Assistant Registrar(AS) /True Copy/
Sub-Assistant Registrar To
1.The Inspector of Police, Sivakasi East P.S., Sivakasi 2.The Judicial Magistrate, Sivakasi, 3.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai. +One cc to Mr.S.Radhakrishnan, Advocate, SR.No.20189 MPK RL/5 c- 17/4/2014 Crl.O.P.(MD)No.1151 of 2014 03.03.2014
2 issues framed by the court
Whether Section 482 CrPC can be invoked to quash a criminal case where a false case is allegedly foisted to avoid apprehension of an accused.
Whether the interests of justice require quashing of the proceedings in the present facts.
1 provisions across 1 enactments
Santhosham
State represented by the Inspector of Police
G.M. Akbar Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
