The High Court dismissed a Criminal Original Petition filed under Section 482 Cr.P.C. seeking quashing of an FIR against the petitioner. The Court held that nothing survived for adjudication as the petitioner had been acquitted in the trial court following a final report.
Criminal Original Petition dismissed; connected Miscellaneous Petition closed.
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
DATED 02.08.2017
CORAM
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
Crl.OP No.613 of 2014
and
M.P.No.1 of 2014
C.Subramani .. Petitioner
..Vs..
1. The Superintendent of Police,
Vellore District,
Vellore.
2. The Inspector of Police,
Social Justice and Human Rights
Department,Vellore District,
Vellore.
3. The Station House Officer,
Walajapet Police Station,
Vellore District
(Cr.No.1109 of 2013)
4.P.Krishnan .. Respondents
Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the entire records in pursuant to the First Information Report registered in Crime No.1109 of 2013 dated 06.10.2013 against the petitioner pending on the file of the 3rd respondent and quash the same.
For Petitioner : Mr.T.P.Prabakaran For Respondents : Mr.B.Ramesh Babu, 1 to 3 Govt.Advocate (Crl.side) : No Appearance(R4)
ORDER
This Criminal Original Petition filed under Section 482 Cr.P.C., to call for the entire records in pursuant to the First Information Report registered in Crime No.1109 of 2013 dated 06.10.2013 against the petitioner pending on the file of the 3rd respondent and quash the same.
2.The learned Government Advocate (Crl.side) has submitted that after investigation, a Final Report has been filed against the petitioner/accused for an alleged offence under Sections 294 (b) and 506(i) read with 3(1)(x) SC&ST Act and with the same was taken us on file in P.R.C.No.1 of 2014 on the file of the learned Judicial Magistrate Court No.II, Wallajapet, committed to is designated for SC&ST Prevention of Atrocities Act viz., Principal Sessions Judge re-numbered as Special Sessions Case No.18 of 2015 on the file of the learned Principal Sessions Judge, Vellore and after trial, the petitioner herein has been acquitted on 16.11.2015.
Sd/-
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
nvi
To
Crl.OP No.613 of 2014 and
M.P.No.1 of 2014
CP(CO)
CU(23/08/2017)
2 issues framed by the court
Whether the Criminal Original Petition seeking quashing of FIR has any survival to adjudication given the acquittal of the petitioner.
Whether the connected Miscellaneous Petition requires disposal in view of the acquittal of the petitioner.
1 provisions across 1 enactments
C.Subramani
The Superintendent of Police, Vellore District, Vellore
The Inspector of Police, Social Justice and Human Rights Department, Vellore District, Vellore
The Station House Officer, Walajapet Police Station, Vellore District
P.Krishnan
RMT. Teekaa Raman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
