Petitioner filed a Cr.O.P. under Section 482 CrP.C. to quash the final report due to alleged lack of evidence. The High Court held the issue is factual and facts-sensitive, declined to entertain the petition, and allowed raising the submission at the charge framing stage.
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. 5305 / 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.06.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Crl.O.P.No.5305 of 2021 and Crl.M.P.Nos.3391 and 3392 of 2021
Ram @ Ramkumar ...Petitioner/14 th Accused
Versus
1. Stateby The Inspector of Police, F-2, Arovil Police Station, Villupuram District.
2.Raji ...Respondents
PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code seeking to call for the entire records pertaining to the P.R.C. No.31 of 2018 on the file of the Judicial Magistrate, Vanur, and quash the same in respect of the petitioner.
For Petitioner : Mr.B.Kumarasamy For R1 : Mr. A.Damodaran Additional Public Prosecutor
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Crl OP No. 5305 / 2021
O R D E R
The petition is to quash the final report for the alleged offences
under Sections 302, 120 B and 114 of the Indian Penal Code.
that there is no evidence to proceed against the petitioner and hence, there is no ground for framing charge against him, is factual in nature. Hence, this Court is not inclined to entertain this petition. However, the petitioner is at liberty to raise the above submission at the stage of charge framing. The learned Sessions Judge, may consider the same on merits and in accordance with law.
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Crl OP No. 5305 / 2021
dismissed. Consequently, the connected Miscellaneous Petitions are
closed.
27.06.2023
dk
Index: Yes/No Speaking Order / Non-Speaking Order Neutral Citation: Yes / No
To
3. The Public Prosecutor, High Court of Madras, Chennai – 600 104.
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Crl OP No. 5305 / 2021
SUNDER MOHAN, J
dk
Crl.O.P.No.5305 of 2021 and Crl.M.P.Nos.3391 and 3392 of 2021
Dated: 27.06.2023
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2 issues framed by the court
Whether a Criminal Original Petition under Section 482 CrP.C. can be entertained at the stage of final report noting absence of evidence except co-accused confession.
Whether the point regarding lack of evidence can be raised at the stage of charge framing.
1 provisions across 1 enactments
Ram @ Ramkumar
State by The Inspector of Police
Raji
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
