Allowed

Raja @ Salamedu Raja, 42 Yrs, v. the State Rep by Its

Madras HC9 Nov 2021CRL OP/16682/2017

Case brief

AI extract

What is this about?

Petitioner sought quashing of a charge sheet under Section 482 CrPC in a case involving offences under the IPC and Public Property Act. The Court allowed the petition, holding that no evidence was collected against the petitioner to sustain the prosecution.

What did the court decide?

Charge sheet in P.R.C.No.19 of 2007 filed against the petitioner is quashed and connected miscellaneous petitions are closed.

Raja @ Salamedu Raja, 42 Yrs, Vs the State Rep by Its — Criminal Trial and Appeal | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.11.2021

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CORAM

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THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR

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CRL.O.P.No.16682 of 2017

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and

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CRL.M.P.Nos.10236 and 10237 of 2017

Raja @ Salamedu Raja

...Petitioner

Versus

State by Inspector of Police, Valavanur Police Station, Valavanur, Villupuram District. Crime No.435 /2003

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D.Periyasamy ...Respondents

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PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, pleased to call for the records in P.R.C.No.19 of 2007 on the file of the Judicial Magistrate No.II, Villupuram and quash the same.

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For Petitioner : Mr.C.Munusamy For Respondent-1 : Mr.S.Vinodh Kumar Public Prosecutor For Respondent-2 : No appearance

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O R D E R

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This Criminal Original Petition has been filed to call for the records in P.R.C.No.19 of 2007 on the file of the learned Judicial Magistrate No.II, Villupuram and quash the same.

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The final report has been filed by the prosecution for the offences under Sections 147, 148, 341, 294(b), 324, 323 and 427 of Indian Penal Code r/w. 3(1) of Public Property Act r/w. 149 IPC.

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The contention of the petitioner is that the entire materials collected by the prosecution has not proved the offence as against the petitioner. Nothing is

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

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made out as against the petitioner/A15. Therefore, the continuation of prosecution as against the petitioner/A15 is only a futile exercise and forcing the petitioner/A15 to undergo for the trial.

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The learned Public Prosecutor appearing for the first respondent submits that as far as the petitioner/A15 is concerned, there is no materials available on record. Though the general allegation was made from his statements that they have caused damages to the property, none of the witnesses spoken about A15's presence and no overt act spoken against the petitioner/A15. The entire materials collected by the prosecution are not sufficient to constitute any offence as against the petitioner/A15.

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In view of the above, the charge sheet in P.R.C.No.19 of 2007 filed against the petitioner is quashed and accordingly, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed.

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Sd/-

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Assistant Registrar(CS II)

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//True Copy//

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Sub Assistant Registrar

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rsi/ham

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1.. The Judicial Magistrate No.II, Villupuram.

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Do through the Chief Judicial Magistrate, Villupuram

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The Inspector of Police,

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Valavanur Police Station,

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Valavanur, Villupuram District.

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The Public Prosecutor, High Court, Madras.

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CRL.O.P.No.16682 of 2017 and CRL.M.P.Nos.10236 and 10237 of 2017

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ss(CO) A.SK(01.12.2021)

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

Raja @ Salamedu Raja, 42 Yrs, v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

Raja @ Salamedu Raja, 42 Yrs, v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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