Madrasi High Court quashed criminal proceedings for defiance of a public servant under Sections 143 and 188 IPC, holding that no adverse consequence occurred, warranting termination of prosecution in the interest of justice.
Proceedings in C.C.No.206 of 2011 quashed; CRL.O.P. allowed.
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: 19.06.2018 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
CRL.O.P.(MD)No.19879 of 2013 and M.P.(MD)Nos.1 & 2 of 2013
The Inspector of Police, Town Police Station, Thirumangalam, Madurai District. (Crime No.310 of 2011) ... Respondent/Complainant
Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C., to call for records in C.C.No.206 of 2011 pending on the file of the learned Judicial Magistrate, Thirumangalam and to quash the same.
For Petitioners : Mr.S.Ravi For Respondent : Mr.A.Robinson, Government Advocate(Crl. Side).
ORDER
The petitioners stand accused in C.C.No.206 of 2011 on the file of the learned Judicial Magistrate, Thirumangalam for the offences under Sections 143 and 188 of I.P.C.
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4.The Criminal Original petition stands allowed, accordingly. Consequently, connected miscellaneous petitions are closed.
Sd/Assistant Registrar(CS-I)
/True Copy/
Sub Assistant Registrar
To 1. The Judicial Magistrate, Thirumangalam. 2.Do through The Chief Judicial Magistrate, Madurai. 3. The Inspector of Police, Town Police Station, Thirumangalam, Madurai District.
| CRL.O.P.(MD)No.19879 | of 2013 and |
|---|---|
| M.P.(MD)Nos.1 | & 2 of 2013 |
| 19.06.2018 |
pmu JM/KKR/SAR 4/09.07.2018/2P/8C
2 issues framed by the court
Whether CRL.O.P. under Section 482 Cr.P.C. is maintainable to quash proceedings for defiance of a public servant's order under Sections 143 and 188 IPC.
Whether the prosecution should be continued when no adverse consequence resulted from the defiance.
3 provisions across 2 enactments
Rathinam and Others
Inspector of Police, Town Police Station, Thirumangalam
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court