This court dismissed a Criminal Original Petition seeking quashing of criminal proceedings under Section 482 CrPC as infructuous because the underlying charge sheet case had already been disposed of with the acquittal of the petitioner.
Petition for quashal of proceedings under Section 482 CrPC dismissed as infructuous due to prior 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.(MD)No.14268 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.08.2022
CORAM :
THE HONOURABLE Mrs. JUSTICE R. HEMALATHA
Crl.O.P.(MD)No.14268 of 2018 and Crl.M.P(MD).No.6385 of 2018
Rajan @ Pandi
... Petitioner/Sole Accused
Vs.
1.The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli, Tirunelveli District. ... 1st Respondent/ Complainant
(Crime No.665/2017)
2.Ponnan ... 2nd Respondent/De-facto Complainant
Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records pertaining to C.C.No.214 of 2017 on the file of the learned Judicial Magistrate No.IV, Tirunelveli and quash the proceedings as against the petitioner herein.
For Petitioner : Mr.J.Bavid Ganesan For Respondents : Mr.M.Muthumanikkam Government Advocate (for R1) Mr.K.Chengizkhan (for R2)
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Crl.O.P.(MD)No.14268 of 2018
ORDER
The present criminal original petition has been filed to quash the entire proceedings in C.C.No.214 of 2017 on the file of the learned Judicial Magistrate No.IV, Tirunelveli.
2.When the matter is taken up for final hearing, Mr.M.Muthumanikkam, learned Government Advocate appearing for the first respondent contended that C.C.No.214 of 2017 was disposed of on 22.04.2022 and the petitioner was acquitted under Section 248(1) of the Code of Criminal Procedure.
3.Recording the said submission, the present Criminal Original Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is also dismissed.
08.08.2022
Index : Yes/No Internet:Yes/No Rmk
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Crl.O.P.(MD)No.14268 of 2018
To
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Crl.O.P.(MD)No.14268 of 2018
R. HEMALATHA, J.,
Rmk
Crl.O.P.(MD)No.14268 of 2018 and Crl.M.P(MD).No.6385 of 2018
08.08.2022
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1 issue framed by the court
Whether the present Criminal Original Petition filed under Section 482 CrPC is maintainable to quash proceedings when the accused has already been acquitted.
1 provisions across 1 enactments
Rajan @ Pandi
Inspector of Police, Tirunelveli Town Police Station
Ponnan
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
