The High Court of Madras dismissed a petition to quash a criminal case. It held that statements under Section 161 CrPC cannot be considered at this stage and preferences on logical ends must wait for the full-fledged trial. Connected petitions were also closed.
Criminal Original Petition dismissed; connected Criminal Miscellaneous Petitions closed.
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: 03.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl. O.P. No.4401 of 2018 and
Crl.M.P.Nos. 2067 & 2068 of 2018
Vs.
PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records and quash the case against the petitioners in C.C.No.289 of 2016 in the court of Judicial Magistrate, Tambaram.
For Petitioners : Mr.Mohamed Ghose for Mr.H.Navas Basha
For R1 : Mr.R.Kishore Kumar Government Advocate (Crl.side)
ORDER
(This case has been heard through video conference)
This Criminal Original Petition has been filed to quash the final report filed under Sec. 147, 2949B0, 447, 506(i) of I.P.C. in C.C.No.289 of 2016, on the file of Judicial Magistrate, Tambaram.
Sd/Assistant Registrar(CS-IX)
//True Copy//
Sub Assistant Registrar
rpp/gd
To
+1cc to Mr.Navas Basha, Advocate, S.R.No.170
Crl.O.P. No.4401 of 2018
SJ(CO) SU(24/01/2022)
2 issues framed by the court
Whether the Criminal Original Petition filed to quash the final report under Section 482 of CrPC should be allowed.
Whether statements under Section 161 CrPC can be considered while deciding the petition.
2 provisions across 2 enactments
Shaik Arif Basha
Farzana
Mrs. Waseemunnisa
Y. Mohammed Ghouse
State
Farhana
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
