Petitioner sought quashing of an FIR under Section 482 CrPC. The Court preliminarily noted that such petitions are typically not entertained at the FIR stage. Consequently, the petitioner was permitted to withdraw the petition.
Petitioner was allowed to withdraw the petition, which was subsequently dismissed as withdrawn.
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.
Crl.O.P.(MD)No.14403 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P(MD)No.14403 of 2020
S.Natchathiram ... Petitioner/Accused No.2
Vs
The Inspector of Police, Vigilance and Anti Corruption, Alagar Kovil Road, Tallakulam Post, Madurai-625 002. ... Respondent/Complainant
PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records pertaining to the proceedings of the FIR in Crime No.8 of 2020 pending on the file of the respondent Police and to quash the same in respect of the petitioner/Accused No.2.
For Petitioner : Mr.Babu Rajendran For Respondent : Mr.A.Robinson Government Advocate (Crl.side)
ORDER
The petitioner has not argued the matter on merits. Since this Court indicated that at the stage of FIR, such a petition may not be entertained, the request for withdrawal was made.
2.Even while allowing the petitioner to withdraw this petition, I direct the respondent / Investigation Officer to take note of all the defences taken by the petitioner in the memorandum of grounds.
This Criminal Original Petition is dismissed as withdrawn
Assistant Registrar (T&P)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
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Crl.O.P.(MD)No.14403 of 2020
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
rmi
To
+1cc to Mr.Babu Rajendran, Advocate, SR.No.26758.
Crl.O.P(MD)No.14403 of 2020
SGS(CO) CS(05.01.2021) 2P 4C
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2 issues framed by the court
Whether a petition to quash an FIR at the initial stage is maintainable.
Whether leave to withdraw the petition is granted.
1 provisions across 1 enactments
S. Natchathiram
The Inspector of Police, Vigilance and Anti Corruption, Alagar Kovil Road, Tallakulam Post, Madurai-625 002
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
