Dismissed

P.Venkatesan v. the State of Tamil Nadu

Madras HC6 Jun 2022CRL OP/10341/2022

Case brief

AI extract

What is this about?

The High Court of Madras dismissed a Criminal Original Petition filed under Section 482 Cr.P.C. seeking quashing of an FIR. The court declined to quash the FIR as investigation concluded and the final report was filed. The petitioner's presence is dispensed with unless required for specific trial proceedings.

What did the court decide?

Criminal Original Petition dismissed; Commissioner not to quash FIR; Petitioner presence dispensed with except for specific trial proceedings.

P.Venkatesan Vs the State of Tamil Nadu — Quashing and FIR | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 6/6/2022

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C O R A M

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THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

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Criminal Original Petition No.10341 of 2022 a n d Criminal Miscellaneous Petition No.6154 of 2022

P.Venkatesan

...Petitioner

The State of Tamil Nadu rep. By The Inspector of Police Pennadam Police Station Pennadam 606 105 Cuddalore District.

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...Respondent

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PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the entire records in Crime No.447 of 2021 on the file of the respondent Police and quash the same.

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For Petitioner ... Mr.R.Muthukrishnan

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For Respondent ... Mr.A.Gokulakrishnan Additional Public Prosecutor

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O R D E R

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This Criminal Original Petition has been filed to quash F.I.R in Crime No.447 of 2021 on the file of the respondent Police

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Heard Mr.R.Muthukrishnan, learned counsel for the petitioner and Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the respondent.

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Today, when the matter is taken up for hearing, Mr.A.Gokulakrishnan, learned Additional Public Prosecutor submitted that investigation is already over and final report is filed before the learned Judicial Magistrate, Thittakudi.

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Though the instant Criminal Original Petition is filed to quash the First Information Report, considering the fact that final report is filed before the learned Judicial Magistrate,

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https://hcservices.ecourts.gov.in/hcservices/

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Thittakudi, this Court is not inclined to quash the F.I.R in Crime No.447 of 2021.

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Accordingly, this Criminal Original Petition is dismissed. The learned Judicial Magistrate, Thittakudi, is directed to take final report on file and proceed as per law.

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Taking into consideration, the facts and circumstances of the case, the presence of the petitioner before the Trial Court is dispensed with, except for receipt of copies, answering the charges, questioning under Section 313 Cr.P.C., or on any other date as may be required by the trial Court. He shall be represented by a counsel, who shall cross examine the witnesses on the same day, when he is examined in Chief.

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Consequently, connected Criminal Miscellaneous Petition is closed.

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Sd/-

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Assistant Registrar (CS-III) //True Copy//

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Sub Assistant Registrar

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mvs.

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1.The Judicial Magistrate, Thittakudi.

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2.The Inspector of Police Pennadam Police Station Pennadam 606 105 Cuddalore District.

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3.The Public Prosecutor High Court Madras.

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+1cc to Mr.R.Muthukrishnan, Advocate SR. No. 32392

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Crl. O.P. No. 10341 of 2022

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PMK (CO) PR (14/06/2022)

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https://hcservices.ecourts.gov.in/hcservices/

P.Venkatesan v. the State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

P.Venkatesan v. the State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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