The High Court dismissed a petition seeking quashing of criminal proceedings under Section 482 CrPC. The court held that two cross-cases involving temple property disputes should be tried simultaneously to determine the aggressors before the impugned charge sheets are challenged.
Petition to quash dismissed; Connected miscellaneous petitions 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 :01.10.2018
CORAM
THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM
Crl.OP.No. 15736 of 2013 and MP.Nos.1 and 2 of 2013
This petition has been filed by the accused Nos. 1 and 2 to quash the proceedings in C.C.No.68 of 2013 on the file of the Judicial Magistrate II, Coimbatore.
506(1) IPC. He further submitted that a counter case also has been filed against the respondents 2 to 4 and others in C.C.No.776 of 2013 on the file of the Judicial Magistrate II, Coimbatore and the said case was taken on file under Sections 147, 148 448, 294(b) and 506 (ii) IPC. He further submitted that since both the parties gave counter cases, the first respondent after investigation has filed charge sheets in both the cases and both the cases have been taken on file. He further submitted that since the cases are cross cases, both the cases have to be tried simultaneously and then only aggressor can be fixed and therefore he prayed to dismiss this petition.
Crl.OP.No.15736 of 2013 and MP.Nos.1 and 2 of 2013
ASK(08/11/2018)
2 issues framed by the court
Whether criminal proceedings in C.C.No.68 of 2013 should be quashed given the pendency of a civil dispute regarding temple property.
Whether two cross-cases (C.C.No.68 of 2013 and C.C.No.776 of 2013) should be tried simultaneously to determine aggressors.
1 provisions across 1 enactments
P. Kannan
Santhanakrishnan
The Inspector of Police, Kovilpalayam Police Station, Coimbatore District
Rajendran
Nandabalan
K.P. Ramachandran
P. Rajamanickam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
