Petitioner sought quashing of a criminal complaint under Section 482 CrPC. Court dismissed the petition as infructuous because the case had been closed as a mistake of fact by the competent authorities.
Criminal Original Petition dismissed as infructuous; connected Criminal Miscellaneous Petition closed.
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 : 03.12.2021
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
CRL.O.P.NO.5401 OF 2017 CRL.M.P.NO.4036 OF 2017
Gowtham Chand Sethiya ... Petitioner
.Vs.
PRAYER:-
Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records of Crime No.143 of 2015 on the file of the first respondent police and to quash the same as illegal and without jurisdiction.
For Petitioner : Mr.Avinash Watwani For Mr.V.Raghavachari For R1 : Mr.S.Vinoth Kumar Government Advocate (Crl. Side) For R1 R2 : Mr.R.Chandrashekar (Party-in-person)
ORDER
This Criminal Original Petition has been filed to call for the records of Crime No.143 of 2015 on the file of the first respondent police and to quash the same.
(crl.side) for the first respondent and Mr.R.Chandrashekar/R2 appeared as party-in-person.
the case was closed as mistake of fact and RCS notice also served on the defacto complainant. He further submitted that the defacto complainant has also filed protest petition.
Sd/-
Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
nr/msv
To
High Court, Madras.
+3ccs to Mr.R.Chandrashekar, Advocate, S.R.No.63542 +1cc to Mr.V.Raghavachari, Advocate, S.R.No.63851
CRL.O.P.NO.5401 OF 2017 CRL.M.P.NO.4036 OF 2017
PL(CO) PBS/16/12/2021
1 issue framed by the court
Whether Criminal Original Petition seeking quash of criminal complaint should be disposed of in view of case closure.
1 provisions across 1 enactments
Gowtham Chand Sethiya
The State Represented by, The Inspector of Police, Thally
R. Chandrashekar
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
