High Court rejected a petition under Section 482 Cr.P.C. to quash charges of forgery against the petitioner, holding that evidence suggests conspiracy. Court directed trial court to consider petition for dispensing personal appearance under Section 317 Cr.P.C.
Criminal Original Petition to quash the case was dismissed.
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.24305 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.11.2023
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P.No.24305 of 2023 and Crl.M.P.Nos.16909 & 16910 of 2023
S.Allauudin ... Petitioner
Vs.
1. The State Rep. By, Sub Inspector of Police, Land Grabbing Wing, Central Crime Branch, Team 23 -A, Vepperi, Chennai -7. Crime No.565 of 2008.
2. S. Karunakaran ...Respondent
Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records in connection with the case in C.C.No.75 of 2022 on the file of the learned Special Court No.II for the exclusive trial of land grabbing cases, Allikulam, Chennai and quash the same against the petitioner/accused-6.
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For Petitioner : M/s. S.Kingston Jerold
For Respondent : Mr. S.Udaya Kumar learned Government Advocate (Crl. Side)
O R D E R
Petitioner herein arrayed as A6 in a case of fabricating forged
documents and alienation of government land. In the fabricated documents,
petitioner has signed as witnesses and hence arrayed as A6 for the offence under Sections 420, 465, 467, 468, 471, 474 read with Section 120(B) of IPC. The quash petition is filed on the premise that, he witnessed the execution of documents without the knowledge that, it is a forged documents. These facts are to be tested in the trial. Whether he had knowledge or not, evidences collected indicates that it was with intention and part of conspiracy. Petitioner has signed forged document. Therefore, petition to quash the case cannot be entertained.
2. Accordingly, this Criminal Original Petition is dismissed.
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3. The learned counsel appearing for the petitioner seeks dispensing the personal appearance of the petitioner.
trial Court to consider if any petition filed under Section 317 Cr.P.C., for dispense with the appearance of the petitioner positively, unless and until his physical presence is required for the progress of the trial.
22.11.2023
Index : Yes/No Neutral Citation : Yes/No Sma
To:
1. Sub Inspector of Police, Land Grabbing Wing, Central Crime Branch, Team 23 -A, Vepperi, Chennai -7.
2. The Public Prosecutor, Madras High Court.
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Crl.O.P.No.24305 of 2023
Dr.G.JAYACHANDRAN, J.
Sma
Crl.O.P.No.24305 of 2023
22.11.2023
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1 issue framed by the court
Whether the petition to quash the case under Section 482 Cr.P.C. should be entertained when the petitioner knowingly signed forged documents as part of a conspiracy.
2 provisions across 1 enactments
S. Allauudin
The State Rep. By, Sub Inspector of Police, Land Grabbing Wing, Central Crime Branch, Team 23 -A, Vepperi, Chennai -7
S. Karunakaran
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
