Petitioner sought quashing of an impugned judgment. Court found that the Assistant Sessions Judge had already acquitted the accused via Section 235(1) Cr.P.C., rendering the petition infructuous.
Criminal Original Petition dismissed as infructuous; connected Crl.M.P.s 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.OP(MD) No.7786 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
CRL.OP(MD)No. 7786 of 2019 and Crl.M.P(MD) Nos.4746 and 4747 of 2019
Densingh ... Petitioner/3rd Accused
-vs-
1.The State represented by The Inspector of Police, Uvari Police Station, Tirunelveli District. (Crime No.88 of 2000) ... Respondent/Complainant 2.P.Jegan ... 2nd Respondent/ Defacto Complainant
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to call for the records relating to the case in S.C.No.246 of 2014 on the file of the Assistant Sessions Court, Valliyoor, Thirunelveli District, and quash the same in so far as it relates to the petitioner.
For Petitioner : Mr.K.Rajeshwaran For R1 : Mr.M.Muthumanikkam Government Advocate (Crl.Side) For R2 : No Appearance
ORDER
This Criminal Original Petition has been filed seeking orders to call for the records relating to the case in S.C.No.246 of 2014, pending on the file of the Assistant Sessions Court, Valliyoor, Thirunelveli District, and to quash the same.
2.When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) would submit that the learned Assistant Sessions Judge, Valliyoor, Thirunelveli District, after conducting the trial, has passed a judgment dated 17.10.2019, acquitting the accused including the petitioner herein under Section 235(1) Cr.P.C, and as such, nothing survives for further adjudication in this petition. The learned Government Advocate has https://hcservices.ecourts.gov.in/hcservices/ also filed a copy of the judgment passed in S.C.No.246 of 2014.
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Crl.OP(MD) No.7786 of 2019
Assistant Registrar (CS III)
// True Copy //
ebsi
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 Assistant Sessions Judge, Valliyoor, Thirunelveli District
2.The Inspector of Police, Uvari Police Station, Tirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
CRL.OP(MD)No. 7786 of 2019 and Crl.M.P(MD) Nos.4746 and 4747 of 2019 16.12.2021
MGJ(31.12.2021) 2P 4C
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Densingh
The State represented by The Inspector of Police, Uvari Police Station, Tirunelveli District
P.Jegan
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
