This curative order closed a petition under Section 482 Cr.P.C. seeking to quash criminal proceedings for abuse of the process of court. The high court noted the investigation was complete with a charge sheet filed and held that nothing survived for adjudication, thereby dismissing the petition without addressing merits on substantial grounds.
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.
Crl.O.P.No.23025 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.10.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.23025 of 2018
and
Crl.M.P.No.12856 of 2018
1. Kandasamy
2. Mallekeshwari
3. Arun Selva kumar
4. Biruntha
5. Shoppanadevi ... Petitioners/Accused No.2 to 6
Vs.
1.State rep.by
The Inspector of Police,
All Women Police Station, Salem Town
Salem District.
(Crime.No.01/18)
2.Parimala ... Respondents
Prayer: Petition filed under Section 482 of Cr.P.C., to call for the records and quash all the proceedings in Crime.No.1 of 2018 on the file of the Inspector of Police, AWPS Salem Town, Salem District against the petitioners for the ends of justice. For Petitioners : M/S.B.Vasudevan For RR1 : Mr.C.E.Pratap, Government Advocate (Crl.Side) 1/4
Crl.O.P.No.23025 of 2018
O R D E R
The petitioner has filed this petition seeking to call for the records
and quash all the proceedings in Crime.No.1 of 2018 on the file of the Inspector of Police, All Women Police Station, Salem Town, Salem District against the petitioners for the ends.
(Crl.Side) submitted that the investigation has been completed and charge sheet has also been filed .
adjudication in the present petition. Accordingly, this petition is closed. However, liberty is granted to the petitioner to raise all the grounds before
the Court below and the same shall be considered on its own merits and in accordance with law. Consequently connected miscellaneous petition is closed.
06.10.2021
sk Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No
2/4
Crl.O.P.No.23025 of 2018
To
3/4
Crl.O.P.No.23025 of 2018
M.DHANDAPANI,J. sk
Crl.O.P.No.23025 of 2018
06.10.2021
4/4
1 issue framed by the court
Whether the high court should exercise its inherent power under Section 482 Cr.P.C. to quash criminal proceedings when the charge sheet has been filed and investigation completed.
1 provisions across 1 enactments
Kandasamy & Others
State, represented by The Inspector of Police, All Women Police Station, Salem Town
Parimala
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
