Dismissed

S.Alex Pandian v. State Rep.by

Madras HC4 Oct 2023CRL OP/22262/2023

Case brief

AI extract

What is this about?

The High Court of Madras dismissed a petition under Section 482 of the Cr.P.C. seeking to quash charges in CC.No.412 of 2023. The Court found prima facie material sufficient to frame charges and held that the petitioners could not claim innocence without testing the evidence in court.

What did the court decide?

Petition to quash the final report in CC.No.412 of 2023 was dismissed; connected miscellaneous petitions were closed.

S.Alex Pandian Vs State Rep.by — Criminal Trial and Appeal | Madras HC (2023)

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Crl.O.P.No.22262 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.10.2023

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CORAM

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THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

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Crl.O.P.No.22262 of 2023

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and Crl.M.P.Nos.15483 & 15484 of 2023

1.S.Alex Pandian

2.S.Poongodi

3.G.Samuvel

4.A.Alice Poornima

... Petitioners

Vs.

State rep. by

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The Inspector of Police, All Women Police Station, Sooramangalam, Salem District. (Cr.No.24/2022)

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A.Megala ... Respondents

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Prayer: Petition filed under Section 482 of Cr.P.C., to call for the records pertaining to the impugned charge sheet in CC.No.412 of 2023 on the file of the learned Additional Mahila (Fast Track Court Level), Salem and quash the same.

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For Petitioners : Mr.S.Panneer Selvan For Respondents : Mr.S.Udayakumar Government Advocate (Crl.Side) for R1

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https://www.mhc.tn.gov.in/judis

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O R D E R

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Crl.O.P.No.22262 of 2023

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The petition to quash the final report taken on file in CC.No.412 of

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The petitioners are the in-laws of the defacto complainant.

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The learned counsel appearing for the petitioners submitted that

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the defacto complainant and the first accused were living separately in an independent house and the petitioners, who are in- laws, are not interfering with the family life. However, a criminal complaint is filed against them along with A1, as if they were harassed. The defacto complainant abused her verbally and physically. For the said reasons, this petition is filed to quash.

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However, from the 164 statement of the witnesses and final report, this Court finds that the specific overt act attributed to each of these accused and the Trial Court has framed charges based on the material placed. Since the prima facie material is available for framing charges and the Trial Court already framed charges and called for trial to test the evidence collected

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.22262 of 2023

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during the course of investigation, the prima facie material available against

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these petitioners without testing their velocity, this Court cannot conclude their innocence. Hence, the petition to quash the final report in CC.No.412 of 2023 is dismissed.

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Accordingly, this Criminal Original Petition is dismissed.

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Consequently, connected Miscellaneous Petitions are closed.

04.10.2023

drl

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.22262 of 2023

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DR.G.JAYACHANDRAN, J.

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drl

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The Inspector of Police, The Inspector of Police, All Women Police Station, Sooramangalam, Salem District.

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2.The Public Prosecutor, High Court, Madras.

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Crl.O.P.No.22262 of 2023 and Crl.M.P.Nos.15483 & 15484 of 2023

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https://www.mhc.tn.gov.in/judis

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S.Alex Pandian v. State Rep.by

Case brief

What is this about?

What did the court decide?

S.Alex Pandian v. State Rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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