The High Court held that the factual allegations in the criminal final report requiring adjudication by the trial court. The quash petition was dismissed, the trial was expedited, and personal appearance was dispensed with unless necessary.
Quash petition dismissed; trial expedited; personal appearance dispensed.
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 OP No.22673/ 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.06.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Crl.O.P.No.22673 of 2021 and Crl.M.P.No.12340 of 2021
S. Natarajan alias Nagarajan ...Petitioner
Versus
1. The State Represented by The Inspector of Police K – 1, Sembium Police Station Chennai – 600 011.
2. Sailendiran ...Respondents
PRAYER : Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code seeking to call for the records relating to the proceedings in C.C.No.4690 of 2019 on the file of the Learned V Metropolitan Magistrate at Egmore and to quash the same.
For Petitioner : Mr.D.Vijayan
For R1 : Mr.A.Damodaran Additional Public Prosecutor
1/5
For R2 : No Appearance
Crl OP No.22673/ 2021
O R D E R
The petition is to quash the final report in C.C.No.4690 of 2019 on
the file of the V Metropolitan Magistrate, Egmore, Chennai for the
alleged offences under Sections 341, 294 (b), 353, 506(1) of IPC.
stopped the members of the public, who had come to the Thasildhar office to make applications and when questioned by the second respondent/Tashildhar and other public servant, they had abused them in filthy language.
petitioners had neither assaulted nor used criminal force on the public
2/5
Crl OP No.22673/ 2021
servants and; that neither Section 294 (b) of IPC nor 506 (1) of IPC is made out on the allegation in the impugned final report.
is dispensed with unless the learned Magistrate considers his presence necessary for the progress of the trial.
3/5
Crl OP No.22673/ 2021
22.06.2023
dk
Index: Yes/No
Speaking Order / Non-Speaking Order Neutral Citation: Yes / No To
1. The V Metropolitan Magistrate, Egmore Chennai.
4/5
Crl OP No.22673/ 2021
SUNDER MOHAN, J
dk
Crl.O.P.No.22673 of 2021 and Crl.M.P.No.12340 of 2021
22.06.2023
5/5
2 issues framed by the court
Whether the factual allegations in the final report can be quashed at this stage without adjudication by the trial court.
Whether the petitioner is required to make personal appearance before the trial court.
2 provisions across 2 enactments
S. Natarajan alias Nagarajan
The State Represented by The Inspector of Police K – 1, Sembium Police Station Chennai – 600 011
Sailendiran
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
