The High Court disposed of a Crl.O.P filed under Section 482 CrPC to quash a criminal case. Directing the police to serve the summing up to the complainant and file the proof, the court closed the connected M.P. as the case closure remained unproven.
Directed police to serve RCS Notice and file proof of closure; case disposed of.
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 : 21.10.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.18297 of 2021 and Crl.M.P.No.10049 of 2021
1.Abdul Azeez 2.Elumalai ... Petitioners
Versus
1.State Rep.by
Inspector of Police J8-Neelankarai Police Station Chennai
Crime No.233 of 2021.
2.MA Syed Mohammed ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.233 of 2021 on the file of the respondent Police and quash the same.
For Petitioner : Mr.V.Kannadasan
For Respondent : Mr.A.Damodaran for R1 Additional Public Prosecutor
ORDER
This petition has been filed to call for the records in Crime No.233 of 2021 on the file of the respondent Police and quash the same.
3. The learned Additional Public Prosecutor has submitted that this case has been closed as a “mistake of fact” on 10.10.2021 and RCS notice in RCS.No.3 of 2021 was served to the defacto complainant, but he is unable to produce the proof of the same.
4. In view of the same, the first respondent Police is
directed to serve RCS Notice to the second respondent and also file the same before the Lower Court. Thereafter, the second respondent shall agitate the same, if he so desires.
5. With the above directions, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is also closed.
Sd/-
Assistant Registrar(CS-II)
//True Copy//
Sub Assistant Registrar
dna
To
CRL.O.P.No.18297 of 2021 and Crl.M.P.No.10049 of 2021
RSV(CO) SB(17/11/2021)
1 issue framed by the court
Whether the accused filing a quashing petition under Section 482 CrPC in a case where the investigating agency had not yet proved the closure of the case as 'mistake of fact' warrants relief.
1 provisions across 1 enactments
Abdul Azeez
Elumalai
State
MA Syed Mohammed
M.Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
