This court dismissed a petition filed under Section 482 CrPC seeking to quash an FIR. The petitioner was alleged to have attacked the respondent with a knife based on previous enmity, causing injuries, and the request was rejected.
The request to quash the FIR petition stands dismissed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 17.04.2018 CORAM THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P.No.11586 of 2018
P.Sohanlal
... Petitioner
Vs.
1 State by The Inspector of Police, T-11, Thirunindravur Police Station, Thirunindravur, Chennai-602 024. Crime No. 252/2018.
2 N.Guru ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records in Cr.No.252 of 2018 pending on the file of respondent herein and quash the same in so far as the petitioner is concerned.
For Petitioner : Mr. S.Sathish For R1 : Mr. C.Raghavan Government Advocate(Crl.Side) ORDER
The petitioner herein is one of the named accused in the complaint given by the friend of the victim and the said complaint indicates that the petitioner herein and two others attacked Thiru. N.Guru, S/o.Naganathan with knife and hands.
2 The Accident Register indicates that multiple injuries are found including cut injury on the left forearm. It is alleged that due to previous enmity, the petitioner along with two other persons namely Dinesh and Naresh Bahadur, attacked the said Guru on 23.02.2018 at about 19.10 hrs near Thirunindravur Indian Oil Petrol bunk Railway sub way.
3 Under this circumstances, the request to quash the FIR petition stands dismissed.
-s/d-
Assistant Registrar(CCC)
True Copy
Sub-Assistant Registrar
rpl
To
Crl.O.P.No.11586 of 2018
NRL(CO)
SP(25/04/2018)
2 issues framed by the court
Whether the Criminal Original Petition filed under Section 482 CrPC for quashing of FIR should be allowed given the allegations of assault with a knife.
Whether the records in the underlying criminal case can be called for to quash the FIR in circumstances of enmity and injury.
1 provisions across 1 enactments
P. Sohanlal
1 State by The Inspector of Police, T-11, Thirunindravur Police Station
N.Guru
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
