The High Court of Madras dismissed a Criminal Original Petition filed to quash an FIR (u/s 294(b), 420/307 IPC). The Court held that factual disputes require police investigation and cannot be entertained in a quo warranto petition; the petition was dismissed, and the police were directed to investigate fairly.
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.No.18993 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.06.2023
CORAM
THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.18993 of 2021 and Crl.M.P.No.10420 of 2021
Tamilselvi ... Petitioner
Vs.
1.State Rep. by Inspector of Police, Erode Taluk Police Station, Erode District (Crime No.479/2019)
2.Mrs.Ramayammal ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code to call for records relating to Crime No.479 of 2019 pending on the file of the Inspector of Police, Erode Taluk, Erode and quash the same and pass such further or other orders.
For Petitioner : M/s.M.Selvam
For Respondents : Mr.A.Damodaran, Addl. Public Prosecutor [R.1]
: No appearance [R.2]
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Crl.O.P.No.18993 of 2021
O R D E R
This petition is to quash the FIR for the alleged offences under Sections 294(b), 420 & 307 IPC.
2 .The learned counsel for the petitioner would submit that the entire
case is false in nature and the petitioner has been falsely implicated.
3 .The points raised by the petitioner are factual in nature and it has to be investigated by the respondent police. Hence, this quash petition cannot be entertained on the said points and is liable to be dismissed.
4 .In view of the above, the Criminal Original Petition stands dismissed. Consequently, the connected Miscellaneous Petition is closed.
5 .The 1st respondent police shall conduct investigation in a fair manner and file a final report within a period of four weeks from the date of receipt of a copy of this order.
15.06.2023
Index : Yes/No Internet : Yes/No Neutral Citation :Yes/No shr
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Crl.O.P.No.18993 of 2021
To,
The Inspector of Police, Erode Taluk Police Station, Erode District
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Crl.O.P.No.18993 of 2021
SUNDER MOHAN. J,
shr
Crl.O.P.No.18993 of 2021 and Crl.M.P.No.10420 of 2021
15.06.2023
Tamilselvi
State Rep. by Inspector of Police
Mrs.Ramayammal
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
