The High Court declined to quash the FIR despite factual grounds, holding that such issues require appreciation of evidence. Instead, it issued a direction to the police to expedite the investigation in Cr.No.243/2018.
Direction to the police to expedite and complete the investigation in Cr.No.243 of 2018 as expeditiously as possible.
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.26922 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.09.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.26922 of 2018
and Crl.M.P.No.15529 of 2018
1.M.S.Palanivel
2.Palani ... Petitioners
Vs.
1.State rep.by the Sub Inspector of Police,
Mallasamuthram Police Station,
Namakkal District.
2.Sarasu ... Respondents
Prayer: Petition filed under Section 482 of Cr.P.C., to call for the entire records and quash the FIR in Cr.No.243 of 2018 on the file of the Sub Inspector of Police, Mallasamuthram, Namakkal District and quash the same.
For Petitioners : Mr.V.Karthick, Senior Counsel for Mr.N.Damodaran For R1 : Mr.C.E.Pratap Government Advocate (Crl.Side) For R2 : Mr.S.Senthil
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Crl.O.P.No.26922 of 2018
O R D E R
The petitioners have filed this petition seeking to call for the records
and to quash the proceedings in C.r.No.243/2018, on the file of the 1st respondent.
in nature and it requires 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 Investigating Officer 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 1st respondent Police.
3.It is now represented by the learned counsel appearing for the petitioners that without going into the merits of the case, it would suffice, if this Court issues direction to the law enforcing agency to expedite the investigation and complete the same as early as possible.
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Crl.O.P.No.26922 of 2018
4.In view of the above, this Court directs the 1st respondent Police, to
expedite the investigation in Cr.No.243 of 2018 and complete the same, as expeditiously as possible from the date of receipt of a copy of this order.
5.With the above directions, this criminal original petition is disposed
of. Consequently, connected miscellaneous petitions, if any, are closed.
29.09.2021
sk
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
To
1.The Sub Inspector of Police,
Mallasamuthram Police Station,
Namakkal District.
2.The Public Prosecutor,
Madras High Court.
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Crl.O.P.No.26922 of 2018
M.DHANDAPANI,J. sk
Crl.O.P.No.26922 of 2018
29.09.2021
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2 issues framed by the court
Whether the High Court should quash the criminal proceedings under Section 482 CrPC based on factual grounds.
Whether directions should be issued to expedite the investigation into the pending criminal case.
1 provisions across 1 enactments
M.S. Palanivel
Palani
State representing the Sub Inspector of Police, Mallasamuthram Police Station, Namakkal District
Sarasu
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
