The High Court of Madras dismissed a Criminal Original Petition filed under Section 482 Cr.P.C. seeking to quash criminal proceedings involving offences under IPC 294(b), 506(II) and the CLA Act. The Court found no merit in the petitioner's submission.
Proceedings in C.C. No. 207 of 2021 were not quashed; the Criminal Original Petition was dismissed.
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 : 22.06.2022
CORAM:
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR
Crl.O.P.No.4315 of 2022
and Crl.M.P.No.2171 of 2022
Dheeban
... Petitioner/Accused
Vs.
The State rep. by 1.The Inspector of Police Vriddhachalam Police Station Vriddhachalam
(Crime No.157 of 2021) ...Respondent/Prosecuting Complainant
2.Vijayarangan ... Respondents/Defacto Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Code of Criminal Procedure, to call for the records in C.C.No.207 of 2021 on the file of Judicial Magistrate-I Court, Vriddhachalam and to quash the same.
For Petitioner : Mr.R.Thirumoorthy
For Respondents: Mr.A.Gokulakrishnan Additional Public Prosecutor for R1
ORDER
This Criminal Original Petition has been filed under Section 482 of Code of Criminal Procedure, to call for the records in C.C.No.207 of 2021 on the file of Judicial Magistrate-I Court, Vriddhachalam in Crime No.157 of 2021 for the offence u/s.294(b), 506(II) IPC, u/s.7(1)(a) of CLA Act, 2005 and to quash the same.
2.It is the main contention of the learned counsel for the petitioner that the offence u/s.294(b), 506(II) IPC, u/s.7(1)(a) of CLA Act, 2005 as alleged in the final report will not be attracted as against the petitioner and therefore seeks to quash the C.C.No.207 of 2021 on the file of Judicial Magistrate-I Court, Vriddhachalam.
3.The submissions of the learned counsel for the petitioner infact forces this Court to evaluate the evidentiary value of the statement found in the statement recorded u/s.161(3) Cr.P.C.
4.This Court does not find any merit in the said submission and this Criminal Original Petition stands dismissed accordingly. Consequently, the connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CS-VIII)
//True copy//
Sub Assistant Registrar
kas
To.
2.The Inspector of Police Vriddhachalam Police Station Vriddhachalam (Crime No.157 of 2021)
3.The Public Prosecutor Madras High Court Chennai 600 104.
Crl.O.P.No.4315 of 2022
SVI(CO) GMY(04/07/2022)
2 issues framed by the court
Whether the Criminal Original Petition under Section 482 Cr.P.C. to quash proceedings for offences under IPC 294(b), 506(II) and CLA Act 7(1)(a) ought to be allowed.
Whether the evidentiary value of the statement recorded u/s.161(3) Cr.P.C. warrants quashing of the Criminal Charges.
Colour shows how this judgement treated each authority
4 provisions across 3 enactments
Dheeban
The State rep. by The Inspector of Police Vriddhachalam Police Station Vriddhachalam
Vijayarangan
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
