The Court allowed the criminal original petition under Section 482 Cr.P.C. to quash the charge sheet because the prosecution was an abuse of process of law, as no witness spoke to the petitioners' presence and the police failed to identify the principal offender.
The prosecution in C.C.No.7317 of 2007 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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Crl.O.P.No.29094 of 2010 and M.P.Nos.1 of 2010 & 1 of 2011
1.S.Sabari Raj
2.S.Subbiah
3.S.Selvarani .. Petitioners/Accused 1to3
Vs
The State by Assistant Inspector of Police B-4, High Court Police Station Chennai 600 104. .. Respondent/Complainant
Criminal Original Petition filed under Section 482 Cr.P.C., to quash the charge sheet filed in C.C.No.7317 of 2007 in Cr.No.29 of 2005 on the file of the VII Metropolitan Magistrate, George Town, Chennai by calling for records relating to the above said case.
[Prayer amended as per order of the Court]
For Petitioners Mr.R.Kannan For Respondent Mr.C.Emalias, Additional Public Prosecutor
O R D E R
This petition has been filed to call for the records in C.C.No.7317 of 2007 on the file of the VII Metropolitan Magistrate, George Town, Chennai and quash the same.
against the accused persons before the VII Metropolitan Magistrate, George Town, which was taken on file as Crime.No.29 of 2005, challenging which the accused are before this Court.
Crl.O.P.No.29094 of 2010
SAI(CO) Eu 14.07.15
2 issues framed by the court
Whether the prosecution is patently an abuse of process of law due to absence of the principle offender and lack of investigation.
Whether the charge sheet filed in C.C.No.7317 of 2007 should be quashed.
1 provisions across 1 enactments
S. Sabari Raj
S. Subbiah
S. Selvarani
The State
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
