Court allowed a criminal original petition under S. 482 CrPC to quash proceedings by holding the petitioner was similarly placed to other accused previously discharged.
Proceedings in STC.No.1265 of 2019 quashed as against the petitioner.
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.381 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.02.2021
CORAM :
THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.381 of 2021 and Crl.M.P(MD) No.155 of 2021
R.Sarath Kumar ... Petitioner
Vs.
1.The Inspector of Police, Courtalam Police Station, Tirunelveli District.
2.The Sub Inspector of Police, Courtalam Police Station, Tirunelveli District. ... Respondents
Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in STC.No.1265 of 2019 on the file of the Judicial Magistrate No.I, Tirunelveli and quash the same as illegal.
For Petitioner : Mrs.Chamundi Bose For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor
ORDER
The present petition is filed by the petitioner, seeking for a direction to quash the proceedings in STC.No.1265 of 2019 on the file of the Judicial Magistrate No.I, Tirunelveli.
2.Mrs.Chamundi Bose, learned counsel for the petitioner, drew the attention of this Court to the order passed by this Court on 23.10.2019, in Crl.O.P(MD) No.14868 of 2019, wherein this Court quashed the entire proceedings in STC.No.1265 of 2019 on the file of the Judicial Magistrate No.I, Tirunelveli, as far as other accused are concerned.
3.According to the learned counsel for the petitioner, the present accused stands on the same footing as that of other accused in STC.No.1265 of 2019 on the file of the Judicial Magistrate No.I, Tirunelveli. A perusal of the records also shows that the present petitioner is similarly placed as that of the other accused in STC.No.1265 of 2019.
4.In view of the same, the Criminal Original Petition is allowed and the proceedings in STC.No.1265 of 2019 on the file of the Judicial Magistrate No.I, Tirunelveli, is quashed as against the https://hcservices.ecourts.gov.in/hcservices/
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Crl.O.P.(MD)No.381 of 2021
present petitioner. Consequently, connected miscellaneous petition is closed.
Assistant Registrar ()
// True Copy //
/ /2021 Sub Assistant Registrar(CS) rm 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 Judicial Magistrate Np I, Tirunelveli. 2.The Inspector of Police, Courtalam Police Station, Tenkasi District. 3.The Sub Inspector of Police, Courtalam Police Station, Tenkasi District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.CHAMUNDI BOSE, Advocate ( SR-6516[F] dated 22/02/2021 ) Crl.O.P.(MD)No.381 of 2021 22.02.2021 KUN(CO) KB(12.03.2021) 2P 6C
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2 issues framed by the court
Whether criminal proceedings in STC.No.1265 of 2019 should be quashed as against the petitioner given that the other accused were already discharged.
Whether the petitioner is similarly placed to the other accused who were covered by the prior quash order.
1 provisions across 1 enactments
R. Sarath Kumar
Inspector of Police, Courtalam Police Station, Tirunelveli District
Sub Inspector of Police, Courtalam Police Station, Tirunelveli District
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
