Petition under Section 482 CrPC to quash proceedings in an SC/ST Act case. The Court held that defenses regarding consent and improbability of place are factual matters to be tested at trial and dismissed the petition.
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.15382of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.OP.No.15382 of 2024 and Crl.MP.No.9394 of 2024
S.Mani ... Petitioner
Vs.
1. State represented by Deputy Superintendent of Police, Cuddalore, Cuddalore District.
2. The Inspector of Police, All Women Police Station, Cuddalore,Cuddalore District.
3. Abirami ... Respondents
Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to quash the proceedings in S.C.No.17 of 2022, on the file of the Court of learned Special Judge, Court for SC/ST Act Cases, Cuddalore.
For Petitioner : Mr.P.Tamilavel
For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) for R1 and R2
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Crl.OP.No.15382of 2024
O R D E R
The petitioner herein is an accused in SC.No.17 of 2022 on the file of Special Court for SC/ST Act cases, Cuddalore. The petitioner stands charge for the offences under Section 417, 376 and 313 of IPC 3(1)(w)(i) 3(2)(v) of SC/ST (Prevention of Atrocities) Act,1989.
report find that whatever be taken to quash the complaint may be a good defense for the accused in the trial, if he is able to disprove the prosecution case. Being factual matters, which has to be subjected to test
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Crl.OP.No.15382of 2024
in the trial, this Court is not inclined to entertain this quash petition. Hence, this Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petition is closed.
01.07.2024
Vv
To
1. The Deputy Superintendent of Police, Cuddalore, Cuddalore District.
2. The Inspector of Police, All Women Police Station, Cuddalore,Cuddalore District.
3. The Public Prosecutor, High Court of Madras, Chennai.
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Crl.OP.No.15382of 2024
Dr.G.JAYACHANDRAN,J.
Vv
Crl.OP.No.15382 of 2024 and Crl.MP.No.9394 of 2024
01.07.2024
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1 issue framed by the court
Whether the allegations warrant quashing of proceedings at the preliminary stage or require factual determination during trial?
3 provisions across 3 enactments
S.Mani
State represented by Deputy Superintendent of Police, Cuddalore, Cuddalore District
The Inspector of Police, All Women Police Station, Cuddalore,Cuddalore District
Abirami
G Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
G Jayachandran
Parties & counsel
