The High Court dismissed a Criminal Original Petition before the accused was acquitted by the lower court. This rendered the petition infructuous as no adjudication was needed.
The Criminal Original Petition was dismissed as infructuous and connected miscellaneous petitions are 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: 27.10.2021
CORAM
THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY
CRL.OP.NO.7217 OF 2017
AND
CRL.M.P.NOS.5219 & 7189 OF 2017
A.Rajendran
...Petitioner/3rd Accused
Vs
1. The State of Tamil Nadu,
Rep. by the Inspector of Police - Crime,
E-3, Teynampet Police Station,
Chennai - 600 018.
... 1st Respondent/Complainant
2. K.Gowri Shankar
... 2nd Respondent/Defacto Complainant
Prayer Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, prayed to call for the records
pertaining to the charge sheet in C.C.No.241 of 2017 on the file
of the XVIII Metropolitan Magistrate, Saidapet, Chennai and
quash the same in so far as the case against the
petitioner/third accused is concerned.
For Petitioner: Mr.C.K.M.Appaji
For R1: Mr.L.Baskaran
Government Advocate (Crl.Side)
For R2: Mr.C.S.Dhanasekaran
ORDER
When the matter is taken up for hearing today i.e on
27.10.2021, both the learned counsel for the petitioner as well
as the second respondent submitted that the petitioner was
acquitted by the Court below and hence, the matter become
infructuous. The learned Government Advocate has also produced
the copy order in C.C.No.241 of 2017.
2.Since the petitioner was acquitted from all the charges
framed against him, nothing survives for further adjudication in
this case, therefore, this Criminal Original Petition is
dismissed as infructuous. Consequently, connected miscellaneous
petitions are closed.
Sd/-
Assistant Registrar(CS-VII)
// True Copy //
Sub Assistant Registrar
rst
To:
1. The XVIII Metropolitan Magistrate, Saidapet, Chennai.
2. The Inspector of Police - Crime, E-3, Teynampet Police Station, Chennai - 600 018.
3. The Public Prosecutor, High Court, Madras-104.
+1cc to Mr.C.S.Dhanasekaran, Advocate, S.R.No.55315
CRL.OP.No.7217 of 2017
and CRL.M.P.Nos.5219 & 7189 of 2017
RR(CO)
RLP(17/11/2021)
1 issue framed by the court
Whether a Criminal Original Petition seeking to quash charges against a petitioner is maintainable when the petitioner has already been acquitted by the lower court.
1 provisions across 1 enactments
A.Rajendran
The State of Tamil Nadu Rep. by the Inspector of Police
K.Gowri Shankar
KRISHNAN RAMASAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court