The Madurai Bench of the Madras High Court dismissed a criminal original petition filed by an accused to quash a first information report under Section 482 CrPC. The court held the petition infructuous as the underlying case had already been disposed of by the Sessions Court.
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: 27.02.2018
CORAM:
THE HON'BLE MR.JUSTICE P.RAJAMANICKAM
CRL.O.P.(MD)No.10125 of 2014 and M.P.(MD) No.1 of 2014
K.Natarajan ... Petitioner/ Accused No.5
-vs-
1.The Inspector of Police, Ammapettai Police Station, Papanasam Taluk, Thanjavur District. (Crime No.255 of 2013)
...Respondent/Complainant
2.D.Gopalakrishnan ...Respondent/Defacto Complainant
Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records relating to the First Information Report in Crime No.255 of 2013, pending on the file of the first respondent and quash the same.
For Petitioner : Mr.R.Suresh Kumar For R1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side)
ORDER
This Criminal Original Petition has been filed by the Accused No.5, to quash the F.I.R. in Crime No.255 of 2013, pending on the file of the first respondent.
2.Heard Mr.R.Suresh Kumar, learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side), appearing for the first respondent.
3.The learned Government Advocate (Crl.Side) has submitted that already a charge sheet has been filed and the case has been taken on file in P.R.C.No.28 of 2014, on the file of the Judicial Magistrate, Papanasam, and subsequently, the case committed to the Court of Sessions and it was taken on file in S.C.No.256 of 2014 and made https://hcservices.ecourts.gov.in/hcservices/ over to the Assistant Sessions Judge, Kumbakonam and the case was disposed on 25.06.2014.
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4.Recording the aforesaid submissions, this Criminal Original Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is closed.
Sd/ Assistant Registrar(Crl side) /True copy/ Sub Assistant Registrar To 1.The Assistant Sessions Judge, Kumbakonam.
2.The Judicial Magistrate, Papanasam, 3.The Inspector of Police, Ammapettai Police Station, Papanasam Taluk, Thanjavur District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.R.SURESH KUMAR, Advocate, SR.No. 51719
CRL.O.P.(MD)No.10125 of 2014 27.02.2018
IA
KK/JC/21.03.2018/SAR-1/2P-6C
K. Natarajan
The Inspector of Police, Ammapettai Police Station, Papanasam Taluk, Thanjavur District
D. Gopalakrishnan
P. Rajamanickam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
