The High Court dismissed a Criminal Original Petition filed to quash criminal proceedings because the Government Advocate submitted that the petitioner had already been acquitted of all charges in the impugned case.
Criminal Original Petition Crl.O.P.No.10338 of 2017 dismissed; connected miscellaneous petition Crl.M.P.No.6794 of 2017 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 : 29.10.2021
CORAM
THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY
CRL.O.P.NO.10338 OF 2017
AND
CRL.M.P.NO.6794 OF 2017
R.Gandhi
...Petitioner/1st Accused
vs.
1. The Inspector of Police,
All Women Police Station,
Triplicane.
...1st Respondent/Complainant
2. Meena
...2nd Respondent/Defacto Complainant
Criminal Original Petition filed under Section 482 of the
Criminal Procedure Code, to call for the records and quash the
further proceedings in C.C.No.6073/2006 pending before the Chief
Metropolitan Magistrate, Egmore, Chennai.
For Petitioner : Mr.R.Margabandhu,
No appearance
For R1 : Mr.L.Baskaran,
Government Advocate (Crl.Side)
For R2 : Mr.S.M.Muralidharan,
No appearance
O R D E R
This Criminal Original Petition was filed to quash the
proceedings in C.C.No.6073/2006 pending before the Chief
Metropolitan Magistrate, Egmore.
2. When the matter is taken up for hearing today i.e.,
29.10.2021, the learned Government Advocate (Crl.side) appearing
for the 1st respondent/Police submitted that the petitioner was
acquitted from all the charges levelled against him. Hence,
nothing survives in this petition for adjudication. He also
produced a copy of the order dated 31.07.2019 passed by the
Chief Metropolitan Magistrate Court.
3. Recording the same, this Criminal Original Petition is
dismissed. Consequently, connected miscellaneous petition is
closed.
Sd/-
Assistant Registrar(CS-II)
// True Copy //
Sub Assistant Registrar
sp/jd
To
1. The Chief Metropolitan Magistrate,
Egmore, Chennai.
2. The Inspector of Police,
All Women Police Station,
Triplicane.
3. The Public Prosecutor,
High Court, Madras.
Crl.O.P.No.10338 of 2017
and
Crl.M.P.No.6794 of 2017
SJ(CO)
RLP(24/11/2021)
1 issue framed by the court
Whether the Criminal Original Petition to quash proceedings survives after the petitioner's acquittal in the underlying case.
1 provisions across 1 enactments
R.Gandhi
Inspector of Police, All Women Police Station, Triplicane
Meena
Krishnan Ramasamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court