Disposed

Kutti @ Prabhakaran, v. the Deputy Superintendent

Madras HC1 Nov 2021CRL OP/12032/2017

Case brief

AI extract

What is this about?

The High Court closed the Criminal Original Petition seeking quashing of criminal proceedings as the petitioners were already acquitted by the Sessions Court via a dated judgment, rendering the matter devoid of any question for adjudication.

What did the court decide?

The Criminal Original Petition and connected Miscellaneous Petitions were closed as the matter was disposed of by the lower court via acquittal.

Kutti @ Prabhakaran, Vs the Deputy… — Constitutional and Fundamental Rights | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 01.11.2021

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CORAM:

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The Hon'ble Mr.Justice Krishnan Ramasamy

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Crl.O.P.No.12032 of 2017 and Crl.M.P.Nos.7883 & 7884 of 2017

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Kutti @ Prabhakaran

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Sakthi @ Sakthivel

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Santhosh

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[PETITIONERS]

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The Deputy Superintendent of Police, Velur Sub-Division,

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Namakkal District.

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State rep. by Sub-Inspector of Police,

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Velur Police Station

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Namakkal District.

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(Cr.No.143/2014)

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Elanthamizhan [RESPONDENTS]

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Prayer : Petition filed under Section 482 of Code of Criminal Procedure to call for records pertaining to the S.C.No.94 of 2014 on the file of learned Principal District and Sessions Judge, Namakkal and quash the proceedings as against the petitioners.

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For Petitioners : M/S.K.K.Senthilvelan

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For R1 & R2 : Mr.L.Baskaran, Govt. Advocate (Crl. Side) R3 : Notice served, No appearance

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O R D ER

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This Criminal Original Petition has been filed, seeking to quash the proceedings as against the petitioners in S.C.No.94 of 2014 on the file of learned Principal District and Sessions Judge, Namakkal.

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When the matter is taken up for hearing today i.e., 01.11.2021, Mr.L.Baskaran, Govt. Advocate (Crl. Side) appearing for respondent/police submits that the petitioners have been acquitted of the charges vide judgment dated 10.09.2019 in

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https://hcservices.ecourts.gov.in/hcservices/

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S.C.No.94 of 2014 by the learned Sessions Judge, Special Court for trial of Cases under SC/SC(PoA) Act, Namakkal. In this regard, he has also produced a copy of "Daily Status" obtained through OnLine, wherein, it has been stated as under:

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"Daily Status"

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Business : Accused 1 to 3 present. Judgment is pronounced in open Court. In fine, the offences against the accused A1 to A3. u/s 294(b), 323 IPC r/w 3(2) (va) of SC/ST (POA) Act, and accused 1 and 2 u/s. 3(1)(x) of SC/ST (POA) Act 1989 are not proved beyond reasonable doubt and the accused 1 to 3 are acquitted u/s 235(1) Cr.P.C from the charge laid against them and the bail bond if any executed by the accused A1 to A3 shall stand canceled.

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Nature of Disposal : Acquitted.

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Disposal Date : 10.09.2019

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Sessions Judge- Special Court for trial of Cases under SC/SC(PoA) Act, Namakkal"

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In view of above, there is nothing survives in this petition for adjudication. Therefore, this Criminal Original Petition is closed. Consequently, connected miscellaneous petitions are closed.

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Sd/-

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Assistant Registrar(CS VIII)

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//True Copy//

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Sub Assistant Registrar

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jd/sp

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The Deputy Superintendent of Police, Velur Sub-Division,

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Namakkal District.

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The Sub-Inspector of Police, Velur Police Station Namakkal District.

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The Public Prosecutor, High Court, Madras.

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Crl.O.P.No.12032 of 2017 and Crl.M.P.Nos.7883 & 7884 of 2017

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KV[co]

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NSK 29/11/2021

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https://hcservices.ecourts.gov.in/hcservices/

Kutti @ Prabhakaran, v. the Deputy Superintendent

Case brief

What is this about?

What did the court decide?

Kutti @ Prabhakaran, v. the Deputy Superintendent

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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