High Court dismissed a Section 482 CrPC petition seeking quashment of a lower court case, holding the petition infructuous because the trial resulted in acquittal.
Petition dismissed as infructuous; 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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.11.2017
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.(MD)No.9941 of 2011 and M.P.(MD)No.2 of 2011
Sathiya Chitrakumar
... Petitioner
Vs.
State represented by The Inspector of Police, Thisaiyanvilai Police Station, Thisaiyanvilai, Radhapuram Taluk, Tirunelveli District. (Crime No.120/2008) ... Respondent
PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the Criminal case in P.R.C.No.8 of 2011 on the file of the Judicial Magistrate Court, Nanguneri and quash the same.
For Petitioner : Mr.P.Senthur Pandian For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed under Section 482 Cr.P.C.,to quash the P.R.C.No.8 of 2011, on the file of the Judicial Magistrate Court, Nanguneri.
2.The learned Government Advocate (Criminal Side) appearing for the respondent submitted that after conducting the trial, the case was ended in acquittal. Hence, nothing survives for adjudication in this petition.
3.Hence, this Criminal Original petition is dismissed as infractuous. Consequently, connected miscellaneous petition is closed.
Sd/Assistant Registrar (CS-I)
/True Copy/
Sub Assistant Registrar
2
To
RMK
TE/JC/SAR-III : 21/11/2017 : 2P/4C
Crl.O.P.(MD)No.9941 of 2011 and M.P.(MD)No.2 of 2011
03.11.2017
2 issues framed by the court
Whether a petition to quash a case survives after the accused has been acquitted in the trial.
Whether Section 482 CrPC can be invoked when the trial is already concluded with an acquittal.
1 provisions across 1 enactments
Sathiya Chitrakumar
State represented by The Inspector of Police, Thisaiyanvilai Police Station
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
