Dismissed

Jayaprakash,Aged 32 Years, v. the Inspector of Police

Madras HC14 Dec 2021CRL OP/22871/2018

Case brief

AI extract

What is this about?

The court dismissed a Criminal Original Petition under Section 482 Cr.P.C. seeking quashing of proceedings. Despite allegations of threats, the court noted serious allegations and refused to quash proceedings, dispensing with petitioner appearance only for specific court steps before trial.

What did the court decide?

The petitioners were dispensed with personal appearance except for receipt of copies, answering charges, Section 313 Cr.P.C., and judgment; petition dismissed.

Jayaprakash,Aged 32 Years, Vs the Inspector of Police — Quashing and FIR | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 14.12.2021

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CORAM

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THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

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Crl. O.P. Nos.22871 of 2018 and Crl.M.P.Nos. 12737 &12738 of 2018

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1.Jayaprakash

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2.Sudhakar

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...Petitioners/Accused 1&2

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Vs.

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1.The Inspector of Police Kallakurichi Police Station, Kallakurichi,

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Villupuram District.

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...1^st Respondent/Complainant

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2.A.Nithyapriya ...2^nd Respondent/Defacto Complainant

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PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records pertaining to C.C.No.338 of 2017 pending on the file of Judicial Magistrate No.I, Kallakurichi and quash the same.

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For Petitioners : Mr.R.Jayaprakash

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For Respondents : Mr.R.Kishore Kumar Govt.Advocate(crl.side) for R1

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Mr.R.Sankarasubbu for Mr.S.Sathish Kumar for R2

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ORDER

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This Criminal Original Petition has been filed to call for the records pertaining to C.C.No.338 of 2017 pending on the file of Judicial Magistrate No.I, Kallakurichi and quash the same.

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The crux of the allegation is that the accused has threatened the defacto complainant to withdraw all the FIRs filed against him, otherwise, she will face the serious consequences and also threatened her of throwing acid.

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

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3.This Court has perused the entire materials available on record. The final report has already been filed and the statements of the witnesses also indicate that there are serious allegations against the petitioners. In such view of the matter, this Court is not inclined to quash the entire proceedings as against the petitioners at this stage. However, considering the nature of the dispute between husband and wife, the personal appearance of the petitioners before the trial Court is dispensed with, except for receipt of copies, answering the charges, questioning under Section 313 Cr.P.C., passing of judgment, or on any other date as may be required by the trial Court.

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4.Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed.

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Assistant Registrar (CS-VI)

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//True Copy//

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Sub Assistant Registrar

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msv/nr

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1.The Judicial Magistrate No.I, Kallakurichi.

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2.The Chief Judicial Magistrate, Villupuram.

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3.The Inspector of Police Kallakurichi Police Station, Kallakurichi, Villupuram District.

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4.The Public Prosecutor, High Court, Madras.

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Crl. O.P. Nos.22871 of 2018 and Crl.M.P.Nos. 12737 &12738 of 2018

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GJ (CO) PR (06/01/2022)

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

Jayaprakash,Aged 32 Years, v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Jayaprakash,Aged 32 Years, v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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