This court dismissed a criminal petition filed under Section 482 Cr.P.C. seeking quashing of an FIR. The petition was rejected because the sole accused had died, causing the charges to abate and the petition to cease to survive.
No relief granted to the petitioner as the petition is dismissed due to abatement.
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:23.09.2021
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN
Crl.O.P.No.20291 of 2016
and
Crl.M.P.Nos.9487 and 9488 of 2016
M.Mohammed Murthusa .. Petitioner/Sole Accused
Vs
1.The Inspector of Police,
Kalpakkam Plice Station, Kalpakkam,
Kanchipuram District,
Pincode-603102. .. Respondent/Complainant
2.Puwar Dhairyapalsinh Narpatsinh
.. Respondent/Defacto Complainant
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the case registered in Cr.No.59 of 2016 on the file of the respondent/complainant herein and to quash the same.
For Petitioner .. Mr.C.Lingam
for Mr.S.Madhusudanan For R1 .. Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
The petitioner/sole accused has died on 05.05.2021. This fact is confirmed by both the learned Counsel for the petitioner and also by the learned Additional Public Prosecutor. Charges against the petitioner/sole accused, naturally, abates and the present petition does not survive.
Sd/-
Assistant Registrar (CS-II)
//True Copy//
Sub Assistant Registrar
grs/kbs
To
1.The Inspector of Police, Kalpakkam Plice Station, Kalpakkam, Kanchipuram District, Pincode-603102.
Crl.O.P.No.20291 of 2016 and Crl.M.P.Nos.9487 and 9488 of 2016
PA(CO) GN(13/10/2021)
2 issues framed by the court
Whether the quashing petition survives after the death of the sole accused.
Whether the abatement of charges renders the primary petition moot.
1 provisions across 1 enactments
M.Mohammed Murthusa
The Inspector of Police, Kalpakkam Plice Station
Puwar Dhairyapalsinh Narpatsinh
C.V.KARTHIKEYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
