The Court dismissed the petition seeking quashing of proceedings under Sections 420, 465, 468, and 471 IPC. Counsel submitted the petitioner was absent from the FIR; the Court held factual disputes belong to evidence and dismissal is the outcome.
Criminal Original Petition to quash proceedings was dismissed; connected Criminal Miscellaneous Petitions were 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: 27/6/2022
C O R A M
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl.O.P. No.976 of 2022 a n d
Crl.M.P.No.377 and 378 of 2022
Kesavan
...Petitioner/Accused No.2
Vs
State
rep by
...2nd Respondent/Defacto Complainant
PRAYER:Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records and quash the proceedings in C.C.No.25 of 2021 on the file of the learned Judicial Magistrate No.1, Thiruvallur.
For Petitioner ... Mr.S.Shankar
For Respondents ... Mr.A.Gokulakrishnan Additional Public Prosecutor for R.1
O R D E R
This Criminal Original Petition has been filed to quash the proceedings in C.C.No.25 of 2021 on the file of the learned Judicial Magistrate No.1, Thiruvallur, for the offences punishable under Sections 420, 465, 468 and 471 of the Indian Penal Code.
2.Heard Mr.S.Shankar, learned counsel for the petitioner and Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the first respondent.
3.Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that his name is not found place in the First Information report filed by the investigation agency and there is no specific allegations against the petitioner in the First Information Report.
4.A perusal of the Final Report would indicate that materials collected by the prosecution clearly disclose the commission of offence. Hence all the factual submission made by the learned counsel for the petitioner is a matter of evidence and appreciation.
5.In such a view of the matter, this Criminal Original Petition is dismissed. Consequently, the connected Criminal Miscellaneous Petitions are closed.
Sd/-
Assistant Registrar(CS-V)
//True Copy//
Sub Assistant Registrar
mvs.
To
Crl. O.P. No.976 of 2022
GPL(CO) RGA(15/07/2022)
1 issue framed by the court
Whether the quashing prayer u/s 482 Cr.P.C. should succeed when the FIR does not name the petitioner but the Final Report discloses his involvement.
1 provisions across 1 enactments
Kesavan
State
N. SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
