High Court at Madras dismissed a petition filed under Section 482 Cr.P.C. to quash criminal proceedings, holding that factual contentions require a mini investigation beyond the Court's jurisdiction and directing the police to proceed with the investigation.
Police directed to proceed with investigation and file final or closure report within four weeks.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.07.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No.2178 of 2022 and Crl.M.P No.968 of 2022
l.Bhaskar
2.Rajendran Petitioners
vs.
1.The State rep. by The Inspector of Police, Hogenakkal Police Station, Dharmapuri District.
2.Tamilarasan Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to quash the proceedings in Crime No.76 of 2018 registered by the 1s respondent herein for the offences under Section 294(b), 170, 420 & 506(1) of IPC.
For Petitioners : Mr.P.Pandiyaraj
For Respondents : Mr.A.Gopinath Government Advocate (Criminal Side) for R1
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ORDER
This petition has been filed to call for the records in Crime No.76 of 2018 on the file of the 1st respondent and quash the same.
3.The contentions put forward by the learned counsel appearing on behalf of the petitioners are purely factual in nature and this Court cannot venture into conducting a mini investigation into the matter and it therefore does not fall within the ambit of its jurisdiction under Section 482 of Cr.P.C.
Any finding on facts will also have a bearing on the investigation conducted by the respondent Police.
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03.07.2023
Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order ssr
To
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N. ANAND VENKATESH,. J.
ssr
Crl.OP No.2178 of 2022 and Crl.M.P No.968 of 2022
03.07.2023
2 issues framed by the court
Whether the petition fits within the ambit of jurisdiction under Section 482 of Cr.P.C. for quashing proceedings.
Whether this Court can conduct a mini investigation into the factual contentions put forward by the learned counsel for the petitioner.
1 provisions across 1 enactments
L. Bhaskar
Rajendran
The State
Tamilarasan
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
