High Court of Madras dismissed a Criminal Original Petition under Section 482 Cr.P.C. seeking quashing of a charge sheet, holding factual appreciation requires evidence which the petition is not fitted to make at that stage, and consequently closed the connected miscellaneous petition.
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Crl.O.P.No.14215 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2022
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
Crl.O.P.No.14215 of 2022 and
Crl.M.P.No.7773 of 2022
1.Mallika
4.Muniyammal
... Petitioners
Vs.
2.Karthikeyan
... Respondents
Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. Praying to call for records in C.C.No.387 of 2019 on the file of Judicial Magistrate-II, Tiruvannamalai and to quash the same.
For Petitioners : Mr.R.Thirumoorthy
For Respondent-1 : Mr.A.Gokulakrishnan Additional Public Prosecutor
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Crl.O.P.No.14215 of 2022
ORDER
This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.387 of 2019 for the offences under Sections 294(b),
323, 324, 506(ii) I.P.C., on the file of Judicial Magistrate-II, Tiruvannamalai.
regard to the factual aspects, cannot be appreciated at this stage. It requires appreciation of evidence. Admittedly, on his complaint, a counter complaint is filed and the same is also taken on file. Therefore, this Court cannot appreciate or go into the probative value of the statement or materials collected by the prosecution.
connected miscellaneous petition is closed.
22.06.2022
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Speaking Order/Non-speaking Order Index :Yes/No rsi
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Crl.O.P.No.14215 of 2022
To
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Crl.O.P.No.14215 of 2022
N.SATHISH KUMAR, J
rsi
Crl.O.P.No.14215 of 2022 and Crl.M.P.No.7773 of 2022
22.06.2022 (1/2)
1 provisions across 1 enactments
Mallika
Arumugam
Sekar
Muniyammal
The State Rep. by The Inspector of Police, Tiruvannamalai East Police Station, Tiruvannamalai
Karthikeyan
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
