Raja@Kathavarajan v. the Inspector of Police
Case brief
What is this about?
Petitioner sought quashing of criminal proceedings allegedly infructuous due to his reported death. Court noted prior abatement order and dismissed petition.
Petitioner sought quashing of criminal proceedings allegedly infructuous due to his reported death. Court noted prior abatement order and dismissed petition.
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.636 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 20.12.2021
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.636 of 2019 and Crl.M.P.(MD)No.301 of 2019
Raja @ Kathavarajan ... Petitioner/Accused
Vs.
1.The State Represented by The Inspector of Police, Thiruppananthal Police Station, Thanjavur District. (Crime No.126 of 1999) ...1st Respondent/Complainant
2.Sivanantham ...2nd Respondent/ Defacto Complainant
Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records and quash the proceedings in S.C.No.227 of 2018 on the file of the learned Additional District & Sessions Judge (Essential Commodities Act) Court, Thanjavur, Thanjavur District wherein the first respondent had laid a final report for the offence under Section 147, 364, 302 IPC.
For Petitioner : Mr.K.Veilmuthu For R1 : Mr.R.Sivakumar, Government Advocate(Crl.side) For R2 : No Appearance
ORDER
This criminal original petition has been filed to quash the proceedings in S.C.No.227 of 2018 on the file of the learned Additional District & Sessions Judge (Essential Commodities Act), Thanjavur, Thanjavur District.
2.Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner would submit that the petitioner was reported dead.
3.The learned Government Advocate(Crl.side) appearing for the first respondent, on instructions, would submit that the above said factum was reported to the learned Additional District & Sessions https://hcservices.ecourts.gov.in/hcservices/
1/2
Crl.O.P.(MD)No.636 of 2019
Judge and on that basis charge as against the petitioner was ordered to be abated vide order dated 11.06.2019.
4.Recording the above submissions, this criminal original petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed.
Assistant Registrar (AD-II)
// True Copy //
gns
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 Additional District & Sessions Court (Essential Commodities Act), Thanjavur, Thanjavur District.
2.The Inspector of Police, Thiruppananthal Police Station, Thanjavur District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.636 of 2019 20.12.2021
NSN(CO)
KB(31.12.2021) 2P 4C
2/2
Raja @ Kathavarajan
The State
Sivanantham
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court