The High Court of Judicature at Madras dismissed a Criminal Original Petition under Section 482 Cr.P.C. filed to quash a summons, finding the petition mis-conceived as the First Information Report did not name the petitioner.
Petition dismissed; no relief granted regarding the summons.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :07.04.2022
CORAM
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
Crl.OP No.4205 of 2019 & Crl MP.No.2548 of 2019
Mr.Sanjay Kaul, Managing Director & Chief Executive Officer, National Collateral Management Service Ltd., Registered office at Lodha Supremes, Unit No.505-509, 5th Floor, JVLR Kanjur Marg.(East), Mumbai-400 042. ..Petitioner
Vs
1.The Inspector of Police, District Crime Branch, Tiruvannamalai District, Tamil Nadu-600 604.
2.The Branch Manager, Karur Vysya Bank, Nadukuppam Branch, Thiruvannamalai District. ..Respondents
Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records connected with the impugned summons in crime no.9 of 2018 dated 07.02.2019 issued by the first respondent police.
For Petitioner : Mr.N.R.Elango, Senior counsel for Mr.Deepan Chakkaravarthy
For Respondents : Mr.R.Vinothraja, GA for R1
ORDER
This petition has been filed under Section 482 Cr.P.C., to call for the records connected with the impugned summons in crime no.9 of 2018 dated 07.02.2019 issued by the first respondent police.
2.Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent police. https://hcservices.ecourts.gov.in/hcservices/
3.Today, when the matter is taken up for hearing, there is no representation for the Petitioner. As per the submissions of the learned Government Advocate representing the District Crime Branch, Thiruvannamalai District, the First Information Report does not contain the name of the petitioner.
4.Based on the submissions of the learned Government Advocate, it is found that the First Information Report does not contain the name of the petitioner. In such circumstances, the petition seeking to quash the First Information Report is mis-conceived. Hence, the petition is dismissed. Consequently, connected miscellaneous petition is also closed. The Investigating Officer is directed to proceed further with the investigation.
Sd/-
Assistant Registrar (CS-III)
//True Copy//
Sub Assistant Registrar
dn
To
Crl.OP No.4205 of 2019
SKM (CO) PR (28/04/2022)
1 provisions across 1 enactments
National Collateral Management Service Ltd.
Inspector of Police, District Crime Branch, Tiruvannamalai District
Branch Manager, Karur Vysya Bank, Nadukuppam Branch
SATHI KUMAR SUKUMARA KURUP
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
