The Court dismissed the Criminal Original Petition seeking to quash an FIR as a factual probe was required to determine the aggressor, which exceeds the Court's jurisdiction under Section 482 Cr.P.C.
Criminal Original Petition seeking to quash the FIR was dismissed; connected miscellaneous petition was 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.
Crl.O.P.(MD)No.11288 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2021 CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.11288 of 2021 and Crl.M.P.(MD)No.5756 of 2021
1.Veerasamy
2.Saravanakumar
3.Vadivel 4.Shanmugavel @ Settu 5.Kuzhandhaivel 6.Thamizhazhagan 7.Balu ... Petitioners / Accused 1 to 7 Vs.
1.The State represented by The Inspector of Police, Vaiyampatti Police Station, Trichy District. (Crime No.151 of 2021) ... 1st Respondent / Complainant 2.J.Infant Raja ... 2nd Respondent / Defact Complainant
Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to quash the FIR in Crime No.151 of 2021 dated 28.04.2021 on the file of the first respondent.
For Petitioners : Mr.K.R.Manimaran For Respondents : Mr.E.Antony Sahaya Probahar Additional Public Prosecutor for R1 Mr.D.Shanmugaraja Sethupathi for R2
ORDER
This Criminal Original Petition has been filed to quash the FIR in Crime No.151 of 2021 registered on the file of Vaiyampatti Police Station, Trichy, for the offences under Sections 147, 148, 294 (b), 323 and 506 (2) IPC.
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Crl.O.P.(MD)No.11288 of 2021
first respondent and the learned counsel appearing for the defacto complainant submitted that no case for quashing has been made out.
mga
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Inspector of Police, Vaiyampatti Police Station, Trichy District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.D.SHANMUGARAJA SETHUPATHI, Advocate (SR-38069[F] dated 09/12/2021)
Crl.O.P.(MD)No.11288 of 2021 and Crl.M.P.(MD)No.5756 of 2021 08.12.2021
TSK(CO)
SB(22.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/
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1 issue framed by the court
Whether the Criminal Original Petition to quash the FIR should be allowed or dismissed given the factual dispute.
1 provisions across 1 enactments
Veerasamy
Saravanakumar
Vadivel
Shanmugavel @ Settu
Kuzhandhaivel
Thamizhazhagan
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
