The Madurai Bench of the Madras High Court dismissed a Criminal Original Petition filed by an accused to quash criminal proceedings. The court held the petition infructuous as the underlying proceedings under Section 107 Cr.P.C had been closed based on a closure report submitted by the Government Advocate.
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: 27.03.2015
CORAM:
THE HON'BLE MR.JUSTICE T.MATHIVANAN
Crl.O.P.(MD) No.10512 of 2013
and M.P.(MD)No.1 of 2013
J.John Manoharan .. Petitioner/Accused Vs.
1.The Sub Divisional Magistrate-cum-
Revenue Divisional Officer,
Pathmanabhapuram, Kanyakumari District.
2.Station House Officer, Mandaikadu Police Station, Kanyakumari District.
3.Mr.M.T.Baskaran
working as Inspector of Police, Manavalakurichi Police Station, Kanyakumari District.
4.Mr.Shaji, Police Constable, C.I.D., Wing, Kanyakumari District. .. Respondents
Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records relating to the impugned proceedings pending on the file of the Sub Divisional Magistrate-cumRevenue Divisional Officer, Padmanabhapuram, dated 18.06.2013, in his proceedings No.m/2/MC28/2013 and quash the same.
For Petitioner : Mr.N.Dilip Kumar
For Respondents : Mr.P.Kandasamy Government Advocate[Criminal side]
O R D E R
Invoking the provisions of section 482 of the Code of Criminal Procedure, this petition has been filed by the petitioner to quash the Criminal Proceedings in No.m/2/MC28/2013, dated 18.06.2013 pending on the file of the Revenue Divisional Officer, Padmanabhapuram.
2.It appears that the proceedings under section 107 Cr.P.C was initiated, based on the complaint, on the file of the Revenue Divisional Officer, the first respondent herein.
https://hcservices.ecourts.gov.in/hcservices/ 3.When the matter is taken up for hearing, the learned Government Advocate (Criminal side) has submitted that in pursuant to the proceedings of the Revenue Divisional Officer, Padmanabhapuram,
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dated 10.03.2014 in No.m/2/MC.1/2013, the proceedings under section 107 Cr.P.C in connection with a case in Crime No.69 of 2013, which appears to have been registered on 09.06.2013 was closed on 09.12.2013. The learned Government Advocate (Criminal side) has also produced a copy of the closure report to that effect.
4.Mr.M.Dilip Kumar, the learned counsel for the petitioner has also conceded the same and submitted that the petition might be closed, in pursuance of the closure report submitted by the learned Government Advocate (Criminal side).
5.Keeping in view of the above fact, this court finds that the petition is closed as infructuous. Consequently, connected Miscellaneous Petition is also closed.
Sd/-
Assistant Registrar(Writs)
/True copy/
Sub Assistant Registrar
To
1.The Sub Divisional Magistrate-cum-
Revenue Divisional Officer, Pathmanabhapuram, Kanyakumari District.
+1cc to Mr.N.Dilip Kumar, Advocate SR.No.15776
er
PA/09.06.2015/2P/5C
1 issue framed by the court
Whether the criminal appeal filed under Section 482 Cr.P.C should be allowed in light of the closure of proceedings.
2 provisions across 1 enactments
J. John Manoharan
Sub Divisional Magistrate-cum-Revenue Divisional Officer, Pathmanabhapuram
Station House Officer, Mandaikadu Police Station
Mr. M.T. Baskaran
Mr. Shaji
T.Mathivanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
