Petitioner sought quashing of final report under CrPC 482 alleging mala fide and false FIR. Court held factual disputes require trial court adjudication and remanded to Magistrate for expeditious trial.
No; trial remanded to Judicial Magistrate to be completed within six months.
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.3391 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.04.2023
CORAM
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Crl.O.P. No. 3391 of 2021 & Crl.M.P. No.1969 of 2021
S.Ramesh
... Petitioner
Vs.
PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in C.C.No.383 of 2019 on the file of the Judicial Magistrate – II, Tiruvannamalai and quash the same.
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Crl.O.P.No.3391 of 2021
For Petitioner : Mr. R.Abdul Mubeen For Respondent 1 : Mr. A.Damodaran Additional Public Prosecutor For Respondent 2 : No Appearance.
O R D E R
The petition is filed to quash the final report for the alleged offences
under Section 419 and 420 of Indian Penal Code, 1860, read with Section
15(3) of the Indian Medical Council Act, 1956.
was practicing Allopathy Medicine and hence liable for the aforesaid offences.
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Crl.O.P.No.3391 of 2021
the final report are all interested witnesses and hence prayed for quashing of the final report.
27.04.2023
Index : Yes/No Internet : Yes/No Neutral Citation :Yes/No kan
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Crl.O.P.No.3391 of 2021
To
1.The Judicial Magistrate – II, Tiruvannamalai.
2.The Inspector of Police Tiruvannamalai East Police Station, Tiruvannamalai District
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Crl.O.P.No.3391 of 2021
SUNDER MOHAN. J,
kan
Crl.O.P.No. 3391 of 2021
27.04.2023
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1 issue framed by the court
Whether the facts regarding the petitioner's lack of medical decree and the veracity of the complaint can be adjudicated by this Court or the Trial Court.
3 provisions across 3 enactments
S.Ramesh
The State Rep. by its Inspector of Police Tiruvannamalai East Police Station, Tiruvannamalai District
Mr.D.Pandian MD, Joint Director of Health Service, Tiruvannamalai District
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
