The Madurai Bench dismissed a Criminal Original petition seeking to quash criminal proceedings. The petitioner had no appearance, and the respondent submitted that the petitioner had died, leading the charge against him to be abated. The court held the petition infructuous.
Petition dismissed as infructuous; connected miscellaneous petitions 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.9870 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 08.12.2021
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.9870 of 2019 and Crl.M.P.(MD)Nos.6242 & 6244 of 2019
Veeraiya
... Petitioner
Vs.
1.The State Rep.by The Inspector of Police, Jaihindhpuram Police Station, Madurai City. (Crime No.1016 of 2014) ...1st Respondent/Complainant
2.Paramasivam @ Paramasiva Raja ...2nd Respondent/Defacto Complainant
Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to the C.C.No.573 of 2019 on the file of the Judicial Magistrate Court No.IV, Madurai and quash the same as illegal.
For Petitioner : No Appearance For R1 : Mr.Thanga Aravindh, Government Advocate(Crl.side)
For R2 : Mr.T.Selvan
ORDER
This criminal original petition has been filed to quash the proceedings in C.C.No.573 of 2019 on the file of the Judicial Magistrate Court No.IV, Madurai.
2.Today, when the matter is taken up for hearing, there is no representation for the petitioner. The learned Government Advocate (Crl.side) appearing for the first respondent, on instructions, would submit that the petitioner had died and the same was reported to the learned Judicial Magistrate No.IV, Madurai and on that basis, charge against the petitioner was ordered to be abated.
3.Recording the above submission made by the learned Government https://hcservices.ecourts.gov.in/hcservices/
1/2
Crl.O.P.(MD)No.9870 of 2019
Advocate(Crl.side), this criminal original petition is dismissed as infructuous. Consequently, connected miscellaneous petitions are closed.
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
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 Judicial Magistrate Court No.IV, Madurai.
2.The Inspector of Police, Jaihindhpuram Police Station, Madurai City.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.9870 of 2019 08.12.2021
NSN(CO) KB(13.12.2021) 2P 4C
2/2
1 issue framed by the court
Whether to allow the criminal original petition filed under Section 482 Cr.P.C. to quash the proceedings in Criminal Complaint No.573 of 2019.
1 provisions across 1 enactments
Veeraiya
The State Rep.by The Inspector of Police, Jaihindhpuram Police Station, Madurai City
Paramasivam @ Paramasiva Raja
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
