The Court held that since a final report had already been submitted to the trial court, the quashing proceedings in the petitioners' favor were closed as infructuous for the time being.
The petitions closed as infructuous; petitioners permitted to approach the court again if the Magistrate takes cognizance.
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.7807, 12158 & 13451 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)Nos.7807, 12158 & 13451 of 2021 and Crl.M.P.(MD)Nos.3983, 6236 & 6982 of 2021
Crl.O.P.(MD)No.7807 of 2021:
1.S.Sivakumar 2.P.Uthayanithi ... Petitioners/Accused 1 & 2 vs. 1.The State represented by The Sub-Inspector of Police, Batagundu Police Station, Dindugal District. ... 1st Respondent/Complainant 2.Krishnamoorthy ... 2nd Respondent/De-facto Complainant
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to quash the FIR in Crime No.217 of 2021 dated 04.04.2021 pending on the file of the first respondent police station insofar as the petitioners are concerned.
For Petitioners : Mr.R.Singaravelan, Senior Counsel for Mr.D.Selvanayagam For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor for R1 Mr.Isaac Mohanlal for Mr.Isaac Chambers for R2
Crl.O.P.(MD)No.12158 of 2021:
Nithya ... Petitioner/Accused No.8 vs. 1.The State represented by The Sub-Inspector of Police, Batagundu Police Station, Dindugal District. ... 1st Respondent/Complainant 2.Krishnamoorthy ... 2nd Respondent/De-facto Complainant
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to quash the FIR in Crime No.217 of 2021 dated 04.04.2021 pending on the file of the first respondent police station insofar as the petitioner is concerned.
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Crl.O.P.(MD)No.7807, 12158 & 13451 of 2021
For Petitioners : Mr.R.Singaravelan, Senior Counsel for Mr.D.Selvanayagam For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor for R1 Mr.Isaac Mohanlal for Mr.Isaac Chambers for R2
Crl.O.P.(MD)No.13451 of 2021
1.Pandi @ Muthupandy 2.Ravi 3.Vijayakumar 4.Naveen Nagendrasasikumar 5.Senthilnathan ... Petitioners/Accused 3 to 7 vs. 1.The State represented by The Sub-Inspector of Police, Batagundu Police Station, Dindugal District. ... 1st Respondent/Complainant 2.Krishnamoorthy ... 2nd Respondent/De-facto Complainant
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to quash the FIR in Crime No.217 of 2021 dated 04.04.2021 pending on the file of the first respondent police station insofar as the petitioners are concerned.
For Petitioners : Mr.R.Singaravelan, Senior Counsel for Mr.D.Selvanayagam For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor for R1 Mr.Isaac Mohanlal for Mr.Isaac Chambers for R2
COMMON ORDER
These Criminal Original Petitions have been filed to quash the impugned FIR in Crime No.217 of 2021 registered on the file of the first respondent.
2.When the matters were taken up for hearing, the learned Additional Public Prosecutor submitted that final report had already been submitted before the jurisdictional Court. Hence, a report was called for. The learned Judicial Magistrate, Nilakottai, had also stated that final report was received on 24.09.2021 itself. Therefore, this Criminal Original Petitions are closed as infructuous for the present. The learned Judicial Magistrate, Nilakottai, is directed to take a call in the matter within a period of seven days from the date of receipt of a copy of this order.
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Crl.O.P.(MD)No.7807, 12158 & 13451 of 2021
3.If the learned trial Magistrate decides to accept the report and take cognizance of the offences, issue summons to the accused, then the petitioners need not wait till the first hearing date. They are permitted to apply for certified copies of the final report as well as the statements recorded under Section 161(3) Cr.P.C. In that event, the learned Judicial Magistrate, Nilakottai, shall issue certified copies without any delay. It is open to the petitioners herein to move this Court once again for quashing the proceedings. The papers will be served in advance on the learned counsel for the de-facto complainant so that the de-facto complainant shall be ready for final disposal at the admission stage itself. All the contentions of the petitioners are left open. Consequently, connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar (AE)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
csm/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 Judicial Magistrate, Nilakottai.
2.Do Through The Chief Judicial Magistrate, Dindigul District.
3.The Sub-Inspector of Police, Batagundu Police Station, Dindugal District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.ISAAC CHAMBERS, ADVOCATE (SR-37257 dated 03.12.2021) +1 CC to M/s.D.Selvanayagam, ADVOCATE (SR-37266 dated 03.12.2021) Crl.O.P.(MD)Nos.7807, 12158 & 13451 of 2021 and Crl.M.P.(MD)Nos.3983, 6236 & 6982 of 2021 02.12.2021
RS (06.12.2021) 3P 7C
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1 issue framed by the court
Whether to quash the FIR insofar as the petitioners are concerned.
1 provisions across 1 enactments
S.Sivakumar
P.Uthayanithi
Nithya
Pandi @ Muthupandy
Ravi
Vijayakumar
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
