Dismissed

Nedunchezhiyan v. Inspector of Police

Madras HC7 Nov 2023CRL OP/24691/2023

Case brief

AI extract

What is this about?

A three-petitioner criminal writ sought to quash criminal proceedings filed against them under Section 482 Cr.P.C. in a case involving a clash over parking. The Court dismissed the petition, holding that when both parties are aggressors, appellate interference is unwarranted.

What did the court decide?

The Criminal Original Petition filed under Section 482 Cr.P.C. to quash the case pending in C.C.No.371 of 2018 was dismissed. Connected miscellaneous petitions were closed.

Nedunchezhiyan Vs Inspector of Police — Criminal Trial and Appeal | Madras HC (2023)

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Crl.O.P.No.24691 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.11.2023

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CORAM

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THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

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Crl.O.P.No.24691 of 2023 and Crl.M.P.Nos.17178 & 17180 of 2023

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1. Neduchezhiyan 2. Maranathan 3. Aasi @ Johnnacks ... Petitioners Vs.

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1. The Inspector of Police, S9, Palavanthangal Police Station, Chennai.

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Crime No.190 of 2018.

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2. Thangadurai ... Respondents

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Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records in connection with charge sheet in C.C.No.371 of 2018 on the file of the learned Judicial Magistrate No.I, Alandur and quash the same.

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For Petitioner : Mr.S.Saravana Kumar For R1 : Mr.S.Udaya Kumar Government Advocate (Crl. Side)

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

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1/4

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Crl.O.P.No.24691 of 2023

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O R D E R

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Petition to quash the case pending in C.C.No.371 of 2018 on the file

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of the learned Judicial Magistrate No.I, Alandur.

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The learned counsel for the petitioner submitted that, due to dispute regarding parking the two-wheeler in front of a Church, two groups clashed and infact, petitioner is a victim in that case, but police has registered case against him also and the same is taken on file by the learned Judicial Magistrate No.I, Alandur in C.C.No.371 of 2018. Whereas, the Investigation Agency has not followed the Police Standing Order 558 in respect of the counter complaint.

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The learned Government Advocate (Crl. Side) submitted that, it is a case and case in counter. Both the case were investigated and found that both group had engaged in fight free for all using weapons and caused injuries to each other. Based on the complaint lodged by the second

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

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Crl.O.P.No.24691 of 2023

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respondent, FIR in Crime No.190 of 2018 has been registered and it has culminated in filing final report and the same is pending before the learned Judicial Magistrate No.I, Alandur in C.C.No.371 of 2018. So far eight witnesses examined. Counter case has been taken on file in C.C.No.257 of 2019, since both parties are aggressor, prosecution has rightly filed two final report. In the said circumstances, appreciation of witnesses based on the statement under Section 161 of Cr.P.C., is unwarranted. Thus, this Court is not inclined to entertain this petition.

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Accordingly, this Criminal Original Petition is dismissed.

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Consequently, connected miscellaneous petitions re closed.

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07.11.2023

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Index : Yes/No

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Neutral Citation : Yes/No Sma

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1. Judicial Magistrate No.I, Alandur.

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2. The Inspector of Police, S9, Palavanthangal Police Station,

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3/4

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

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Crl.O.P.No.24691 of 2023

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Chennai.

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3. The Public Prosecutor, Madras High Court.

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Dr.G.JAYACHANDRAN, J.

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Sma

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Crl.O.P.No.24691 of 2023

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07.11.2023

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

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Nedunchezhiyan v. Inspector of Police

Case brief

What is this about?

What did the court decide?

Nedunchezhiyan v. Inspector of Police

Case brief

What is this about?

What did the court decide?

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