Petitioners filed a Criminal Original Petition seeking to quash criminal proceedings after their acquittal. The prosecution submitted that the case was closed under Section 258 CrPC with the accused acquitted. The court held the petition became infructuous.
Petition dismissed as infructuous; connected miscellaneous petitions closed.
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.(MD)No.304 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.03.2023
CORAM:
THE HONOURABLE MRS.JUSTICE R.THARANI
Crl.O.P.(MD) No.304 of 2021 and
Crl.M.P.(MD)Nos.126 & 129 of 2021
11.Kannan ... Petitioners / A1 to A3, A5 to A8 & 10 to 13
Vs.
Rep. by the Sub Inspector of Police, Aruppukottai Taluk Police Station, Virudhunagar District. (Crime No.305 of 2015) ... 1st respondent / complainant
2.Karupasamy ... 2nd respondent /defacto complainant
Crl.O.P.(MD)No.304 of 2021
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records against the petitioners in S.T.C.No.2267 of 2016 on the file of the Judicial Magistrate, Aruppukottai, in Crime No. 305 of 2015, on the file of the respondent police and to quash the same as illegal arbitrary and against law.
For Petitioners : Mr.A.Baskaran
For Respondents : Mr.M.Sakthikumar
Government Advocate (Crl.Side) for R1
: No appearance for R2
O RDER
This petition is filed to quash the proceedings in S.T.C.No.2267 of 2016 on the file of the Judicial Magistrate, Aruppukottai, in Crime No. 305 of 2015, on the file of the respondent police.
wherein, it is stated that the case was closed under Section 258 of Cr.P.C and the accused were acquitted all the charges.
Crl.O.P.(MD)No.304 of 2021
NCC : Yes/No Index : Yes/No 07.03.2023 Internet : Yes/No Ls
To
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.304 of 2021
R.THARANI. J.
Ls
Crl.O.P.(MD)No.304 of 2021
07.03.2023
1 issue framed by the court
Whether the quashing of proceedings is maintainable when the trial court has already acquitted the accused.
1 provisions across 1 enactments
Karthik et al.
The State
Karupasamy
R. Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
