The High Court dismissed two Criminal Original Petitions filed under Section 482 CrPC alleging quashment of criminal proceedings. The court held that the petitions were infructuous because the underlying criminal complaints had already resulted in acquittal.
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.Nos.22359 of 2016 & 2067 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.11.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.Nos.22359 of 2016 & 2067 of 2015 and Crl.M.P.No.10401 of 2016 and M.P.No.1 of 2015
In Crl.O.P.No.22359 of 2016
1.K.Kalavathi 2.K.Tamilarasi ... Petitioners/A1 & A2
Versus
1.The Inspector of Police, Mallur Police Station, Salem District.
2.B.Kannan ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records relating in C.C.No.89 of 2014 on the file of Judicial Magistrate No.VI, Salem and to quash the same by allowing this Criminal Original Petition.
For Petitioners : Mr.K.Karthikeyan
For Respondent-1 : Mr.L.Baskaran Government Advocate (Crl. Side)
For Respondent-2 : Mr.A.K.Kumarasamy
https://www.mhc.tn.gov.in/judis Page No.1 of 4
CRL.O.P.Nos.22359 of 2016 & 2067 of 2015
In Crl.O.P.No.2067 of 2015
1.Kannan 2.Anbukkarasu 3.Dhanabakkiam 4.Pappayammal ... Petitioners/A1 to A4
Versus
State rep. by Inspector of Police, Mallur Police Station, Salem. (Crime No.316/2013) ... Respondent
PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records in C.C.No.181 of 2013 on the file of Judicial Magistrate No.VI, Salem and to quash the same.
For Petitioners : Mr.A.K.Kumarasamy For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)
COMMON ORDER
These petitions have been filed to quash the complaint against the petitioners/Accused 1 & 2 in C.C.No.89 of 2014 and petitioners/Accused 1 to 4 in C.C.No.81 of 2014, pending on the file of learned Judicial Magistrate No.VI, Salem.
https://www.mhc.tn.gov.in/judis Page No.2 of 4
CRL.O.P.Nos.22359 of 2016 & 2067 of 2015
2. The petitioners in Crl.O.P.No.22359 of 2016 are the accused in
Charge Sheet No.180 of 2013. Similarly, the petitioners in Crl.O.P.No.2067
of 2015 are the accused in Charge Sheet No.181 of 2013.
3. It is submitted by the learned Government Advocate that both Charge Sheet Nos.180 and 181 of 2013 were taken on file in C.C.Nos.89 and 81 of 2014, respectively on the file of the learned Judicial Magistrate No.VI, Salem.
4. It is represented by the learned counsel for the petitioners as well as the learned counsel appearing for the de-facto complainant that both C.C.Nos.89 and 81 of 2014 ended in acquittal. Hence, nothing survives for adjudication in these cases.
5. Recording the above said submissions, these Criminal Original
Petitions are dismissed as infructuous.
03.11.2022
Index : Yes/No Internet : Yes/No rsi
https://www.mhc.tn.gov.in/judis Page No.3 of 4
CRL.O.P.Nos.22359 of 2016 & 2067 of 2015
M.NIRMAL KUMAR, J.
rsi
To
CRL.O.P.Nos.22359 of 2016 & 2067 of 2015 and Crl.M.P.No.10401 of 2016 and M.P.No.1 of 2015
03.11.2022
https://www.mhc.tn.gov.in/judis Page No.4 of 4
K. Kalavathi & K. Tamilarasi
K. Kannan & Anbukkarasu
Inspector of Police, Mallur Police Station, Salem
M. Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
