In a quashment petition under Section 482 CrPC, the petitioner challenged offending based on a money dispute alleging false implication after Section 324 IPC was removed. The Court held that factual disputes require evidence appraisal and dismissed the petition, leaving grounds open for the trial court.
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 : 01.10.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
CRL.O.P.No.26806 of 2018
Abdul Aleem ...Petitioner
Versus
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records of C.C.No.1817 of 2017 pending on the file of the VII Metropolitan Magistrate, George Town, Chennai.
For Petitioner : Mr.M.R.Sheik Abdul Rahim
The petitioner has filed this petition seeking to call for records of C.C.No.1817 of 2017, pending on the file of the VII Metropolitan Magistrate, George Town, Chennai.
treated the defacto complainant and thereby, there is more variation and contradiction between the FIR and the final report and have no supportive evidence to establish the offences against the petitioner. Further it is submitted by the learned counsel appearing for the petitioner that as alleged by the defacto complainant, there is no such incident was happened on the said date of occurrence at the relevant point of time. The defacto complainant, in order to wreck vengeance against the petitioner, due to earlier money dispute, has falsely implicated the petitioner in this case and hence prays for quashment of criminal proceedings against the petitioner.
5.This Court has carefully considered the rival submissions and also perused the materials available on record.
appreciation of evidence and this Court cannot decide the same in exercise of its jurisdiction under Section 482 of Criminal Procedure Code. It is left open to the petitioners to raise all the grounds before the Court and the same shall be considered on its own merits and in accordance with law. This Court is not inclined to interfere with the proceedings pending before the Court below.
Sd/Assistant Registrar(CS-VIII)
//True Copy//
Sub Assistant Registrar
sk
To
CRL.O.P.No.26806 of 2018
RLD(CO) RGA(22/11/2021)
1 issue framed by the court
Whether the High Court can quash criminal proceedings based on factual disputes regarding the incident and variation between FIR and final report.
1 provisions across 1 enactments
Abdul Aleem
The State rep. by The Inspector of Police
Mohideen
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
