The High Court dismissed a Criminal Original Petition filed under Section 482 Cr.P.C. to quash criminal proceedings in C.C. No. 27 of 2020. The petition was declared infructuous because the petitioners had already been acquitted by the Judicial Magistrate in C.C. No. 27 of 2022.
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.5583 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.04.2023
CORAM:
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Crl.O.P.No.5583 of 2021 and Crl.M.P.Nos.3611 & 3612 of 2021
1.Nachimuthu 2.Malarvizhi 3.Velumani ...Petitioners / Accused -Vs1.The State represented by: Sub-Inspector of Police, All Women Police Station, Bhavani, Erode District. Crime No.24 of 2019 ... 1st Respondent / Complainant
2.Suguna ... 2nd Respondent / Defacto Complainant
Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records relating to the proceedings in C.C.No.27 of 2020 on the file of the Judicial Magistrate Court No.I and to quash the same.
For Petitioner : Mr.I.C.Vasudevan For R1 : Mr.A.Damodaran, Additional Public Prosecutor For R2 : No appearance.
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Crl.O.P.No.5583 of 2021
ORDER
This Criminal Original Petition has been filed seeking to quash the
proceedings in C.C.No.27 of 2020 on the file of the Judicial Magistrate -
I, Bhavani.
2.When the matter is taken up for hearing, the learned counsel for the petitioners submitted that the petitioners were tried and acquitted by the learned Judicial Magistrate – I, Bhavani, in C.C.No.27 of 2022 and hence the prayer in the above quash petition has become infructuous.
3.In view of the above submission, this Criminal Original Petition
is dismissed as infructuous. Consequently, connected Criminal Miscellaneous Petitions are closed.
24.04.2023
smv Index : Yes/No Speaking : Yes / No Neutral Citation : Yes / No
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Crl.O.P.No.5583 of 2021
To,
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Crl.O.P.No.5583 of 2021
SUNDER MOHAN,J.
smv
Crl.O.P.No.5583 of 2021 and Crl.M.P.Nos.3611 & 3612 of 2021
24.04.2023
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2 issues framed by the court
Whether a petition seeking quashment of criminal proceedings is maintainable when the petitioner has already been acquitted by the lower court.
Whether the High Court should exercise its inherent powers under Section 482 Cr.P.C. to quash proceedings after an acquittal.
Nachimuthu
Malarvizhi
Velumani
The State represented by: Sub-Inspector of Police, All Women Police Station, Bhavani
Suguna
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
