This was a criminal revision petition under Section 397 Cr.P.C. to set aside the trial court's order dismissing an accused's discharge plea. The review found sufficient prima facie evidence in co-accused statements to sustain the prosecution.
The Criminal Revision Petition was dismissed. The connected criminal miscellaneous petition was 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
RESERVED ON: 29.09.2020
PRONOUNCED ON :08.10.2020
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH
Crl.R.C.No.827 of 2020
and Crl.M.P.No.5883 of 2020
Shahul Hameed ... Petitioner/Accused – 21 (Amended as per the order made in Memo for correction on 23.07.2020)
Vs. State represented by The Inspector of Police, Samalpatti Police Station. ... Respondent/Complainant
State represented by The Inspector of Police,
Criminal Revision Petition filed under Section 397 r/w. 481 Cr.P.C. praying to call for the records and set aside the order passed in Crl.M.P.No.456 of 2020 dated 23.07.2020 in S.C.No.181 of 2019 on the file of the Hon'ble Additional District Judge, at Krishnagiri, by allowing the Criminal Revision.
For Petitioner : Mr.A.Ramesh, Senior Counsel for Ms.S.Deepika
For Respondent: Mrs.P.Kritika Kamal
Government Advocate (Crl. Side)
ORDER
This case is taken up through video conferencing.
https://hcservices.ecourts.gov.in/hcservices/ Page numbers
near his house. They also attempted to murder his wife Manimegalai and caused injuries to one Pugalenthi, who came to rescue Parasuraman.
implicates the petitioner and nothing else. He contended that the statement of the said Manivannan was recorded by the Police on 15.04.2019 only after the petitioner was arrested and therefore, the said statement becomes suspect.
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Sd/-
Assistant Registrar(CS-III)
//True Copy//
Sub Assistant Registrar
sni
To
1.The Additional District Judge,
Krishnagiri.
2.The Judicial Magistrate,
Uthangarai.
3.Do-Thro'The Chief Judicial Magistrate,
Krishnagiri District.
4.The Inspector of Police,
Samalpatti Police Station.
5.The Public Prosecutor,
Madras High Court,
Chennai – 600 104.
Crl.R.C.No.827 of 2020
KK(CO) CB(03/11/2020)
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2 issues framed by the court
Whether to set aside the order dismissing the petitioner's application for discharge from the prosecution.
Whether the statement of a co-accused implicating the petitioner establishes sufficient prima facie materials to frame charges.
Colour shows how this judgement treated each authority
Akbar Hussain Vs. State of Jammu & Kashmir and othersRelied on¶23
(2018) 16 SCC 85 · Who else cites this
1 provisions across 1 enactments
Shahul Hameed
State represented by The Inspector of Police, Samalpatti Police Station
P.N.Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
