This court held that factual grounds raised in a quashing petition require evidence appreciation and cannot be decided under Section 482 Cr.P.C. Directions were issued to the police to expedite the investigation within four weeks.
Direction to the 1st respondent Police to complete investigation in C.r.No.11 of 2018 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 : 21.10.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
CRL.O.P.NO.29014 OF 2018 AND CRL.MP.NO.16952 OF 2018
1.Kennadi
7.Karthi
...Petitioners
Vs.
1.State rep.by the Inspector of Police, All Women Police Station, Tindivanam Taluk, Villupuram District.
2.N.Rukkumani ...Respondents
Prayer : Petition filed under Section 482 of Cr.P.C., to call for the records relating to FIR in Crime No.11 of 2018 dated 3.10.2018 on the file of the All Women Police Station, Tindivanam and quash the same.
For Petitioners : Mr.A.Malath Devapriyam
For Respondents : Mr.C.E.Pratap R1 Government Advocate (Crl.Side)
The petitioner has filed this petition seeking to call for the records and to quash the proceedings in C.r.No.11/2018, on the file of the 1st respondent.
4.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.
5.In view of the above, this Court directs the 1st respondent Police, to expedite the investigation in C.r.No.11 of 2018 and complete the same, within a period of four weeks from the date of receipt of a copy of this order.
6.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
1.The Inspector of Police, All Women Police Station, Tindivanam Taluk, Villupuram District.
2.The Public Prosecutor, Madras High Court.
Crl.O.P.No.29014 of 2018
and
Crl.MP.No.16952 of 2018
BP(CO) RVM(07/12/2021)
2 issues framed by the court
Whether the court can quash proceedings based on factual grounds requiring evidence appreciation.
Whether the court should issue direction to expedite investigation under Section 482 of Cr.P.C.
1 provisions across 1 enactments
Kennadi
Indhira
Vellankanni
Thanasekaran
Thenmozhi
Jones
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
