Crl.O.P. filed to quash Crime No.79 of 2020. Court referred to prior reported judgments and quashed the FIR, allowing the petition and closing the connected miscellaneous petition.
FIR in Crime No.79 of 2020 is quashed; Criminal Original Petition allowed; connected 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 : 20.04.2021
CORAM:
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
Crl.O.P.No.7200 of 2021
and Crl.M.P.No.4779 of 2021
1.Gold Rafiq
2.Mohamed Lathiulla @ Mohamed Lathifulla ...Petitioners
Vs.
State Rep by
The Inspector of Police,
H-1, Washermenpet Police Station,
Chennai.
(Cr.No.79 of 2020) ...Respondent
PRAYER: Criminal Original Petition filed under Section 482
Cr.P.C., to call for the records in Crime No.79 of 2020 on the
file of the respondent police and quash the same.
For Petitioners : Mr.A.Rajamohamed
For Respondent : Mr.C.Raghavan
Government Advocate (Crl. Side) * * * * *
ORDER
This Criminal Original Petition has been filed to call for the records in Crime No.79 of 2020 on the file of the respondent police and quash the same.
2.The facts of this case is covered by the reported Judgments of this Court in Jeevanandham and others Vs. State Rep. by Inspector of Police and another reported in (2018) 2 LW Crl 606 and Sri Raja Vs. State Rep. By Inspector of Police, Sivakasi Town Police Station, Virudhunagar District, and another reported in (2019) 2 LW Crl 350. Accordingly, the FIR in Crime
No.79 of 2020, is hereby quashed and the Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petition is closed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
ah
To
1.The Inspector of Police,
H-1, Washermenpet Police Station,
Chennai.
2.The Public Prosecutor,
High Court of Madras,
Madras.
+1cc to Mr.A.Raja Mohamed, Advocate, S.R.No.23970
Crl.O.P.No.7200 of 2021
and Crl.M.P.No.4779 of 2021
AD(CO)
CB(29/06/2021)
1 issue framed by the court
Whether the FIR in Crime No.79 of 2020 should be quashed under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Jeevanandham and others Vs. State Rep. by Inspector of Police and anotherReferred¶11
(2018) 2 LW Crl 606
1 provisions across 1 enactments
Gold Rafiq
Mohamed Lathiulla
State Rep by The Inspector of Police, H-1, Washermenpet Police Station, Chennai
M. Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
