Dismissed

Ganapathy v. the State Rep.by

Madras HC1 Apr 2021CRL OP/6310/2021

Case brief

AI extract

What is this about?

The Madras High Court dismissed a Criminal Original Petition filed under Section 482 CrPC seeking to quash criminal proceedings instituted for an offence punishable under Section 379 IPC. The Bench held that the petitioner's grounds were factual and required evidence appreciation, which falls outside the scope of Section 482 jurisdiction. Consequently, the petition was dismissed, and the Court bel

What did the court decide?

The Criminal Original Petition is dismissed. Direction to the Court below to complete proceedings in S.T.C.No.641 of 2016 within two months.

Ganapathy Vs the State Rep.by — Quashing and FIR | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 01.04.2021

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CORAM

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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CRL.O.P No.6310 of 2021

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and

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Crl.M.P Nos.4181 & 4182 of 2021

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Ganpathy ...Petitioner
Vs.
1. The State Rep. by the
Inspector of Police,
Krishnagiri Town Police Station,
Krishnagiri District.
2. D.Prabakaran .. Respondent
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records pending on the
file of the Learned Judicial Magistrate No.I, Krishnagiri,
Krishnagiri District in S.T.C.No.641/2016 and quash the Criminal
Proceeding.
For Petitioner : E.Kannadasan
For Respondents : Mr.Mohammed Riyaz
Additional Public Prosecutor
for 1 st respondent

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ORDER

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This petition has been filed challenging the proceedings initiated by the respondent against the petitioner under Section 379 IPC.

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The grounds raised by the counsel for the petitioner are all factual 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 petitioner to raise all the grounds before the Court below 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.

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https://hcservices.ecourts.gov.in/hcservices/

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Accordingly, this Criminal Original Petition is dismissed with a direction to the Court below to complete the proceedings in S.T.C.No.641 of 2016 on the file of learned Judicial Magistrate No.I, Krishnagiri, Krishnagiri District, within a period of two months from the date of receipt of a copy of this order . Consequently, the connected miscellaneous petitions are closed.

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Sd/Assistant Registrar(CCC)

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//True Copy//

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Sub Assistant Registrar
ssr
To
1.The Judicial Magistrate No.I,
Krishnagiri, Krishnagiri District.
2.The Inspector of Police,
Krishnagiri Town Police Station,
Krishnagiri District.
3.The Public Prosecutor,
High Court, Madras.
+1cc to Mr.E.Kannadasan, Advocate, S.R.No.21683
CRL.O.P No.6310 of 2021
and
Crl.M.P Nos.4181 & 4182 of 2021
BP(CO)
CB(25/06/2021)

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https://hcservices.ecourts.gov.in/hcservices/

Ganapathy v. the State Rep.by

Case brief

What is this about?

What did the court decide?

Ganapathy v. the State Rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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