The court held that factual grounds raised for quishing proceedings could not be decided under CrPC Sec 482. Instead, it directed the police to expedite the investigation in the pending criminal case within four weeks and disposed of the petitions.
Directed the 1st respondent police to expedite and complete the investigation within four weeks.
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 : 06.10.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.28194 of 2018
and Crl.M.P.No.16394 of 2018
K.S.Krishnamoorthy ... Petitioner/Sole Accused
Vs.
1.State rep. by the Inspector of Police, Chennaimalai Police Station, Chennimalai, Erode District.
... 1st Respondent/Complainant
2.Gopalsamy
...2nd Respondent/Defacto Complainant
Prayer: Petition filed under Section 482 of Cr.P.C., to call for the records pertaining to the FIR No.540 of 2017 dated 13.12.2017 pending on the file of the learned Judicial Magistrate, Perundurai and quash the same.
For Petitioners : Mr.R.Amardeep for Mr.Tamizh Law Firm
For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side)
O R D E R
The petitioner has filed this petition seeking to call for the records and to quash the proceedings in C.r.No.540/2017, on the file of the 1st respondent.
3.It is now represented by the learned counsel appearing for the petitioner 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.
4.In view of the above, this Court directs the 1st respondent Police, to expedite the investigation in C.r.No.540 of 2017 and complete the same, within a period of four weeks 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.
Sd/-
Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
rli
To
Crl.O.P.No.28194 of 2018 and Crl.M.P.No.16394 of 2018
GJ (CO)
PR (17/11/2021)
2 issues framed by the court
Whether the High Court can exercise jurisdiction under Section 482 Cr.P.C. to quash proceedings based on factual grounds requiring evidence appreciation.
Whether the High Court can direct the police to expedite the investigation and complete it within a specific period.
1 provisions across 1 enactments
K.S. Krishnamoorthy
Inspector of Police, Chennaimalai Police Station
Gopalsamy
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
