S.Diwakar v. State Rep by
Case brief
What is this about?
The High Court of Madras quashed criminal proceedings against a petitioner advocating for quashing under Section 482 CrPC. The court found insufficient witness testimony connecting the petitioner to overt criminal acts.
What did the court decide?
Criminal proceedings pending against the petitioner in P.R.C.No.8 of 2010 before the Chief Metropolitan Magistrate, Egmore, Chennai, is quashed.
What the court decided
CRL.O.P.No.21568 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 04.11.2024
CORAM : MR. J USTICE N.SESHASAYEE
CRL.O.P.No.21568 of 2023 and Crl.M.P.Nos.14869 and 14870 of 2023
S.Diwakar ... Petitioner
Vs.
STATE Represented by The Deputy Superintendent of Police Central Bureau of Investigation RC/01/S/2009, Special Crime Branch III Floor, A-Wing, Rajaji Bhavan Besant Nagar, Chennai 600 090 ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records in P.R.C.No.08 of 2010 on the file of the learned Chief Metropolitan Magistrate, Egmore, Chennai and quash all proceedings as against the petitioner.
For Petitioner : Mr.N.L.Raja, Senior Counsel Assisted by M/s.V.Senthil Kumar For Respondent : Mr.K.Srinivasan Special Public Prosecutor (C.B.I.)
Issues for consideration
2 issues framed by the court
Whether pending criminal proceedings against the petitioner for alleged association in an unlawful assembly and assaulting police should be quashed under Section 482 CrPC.
Whether the allegations against the petitioner are corroborated by witness testimony regarding overt acts.
Parties & counsel
- petitioner
S.Diwakar
- respondent
State
Coram
N.Seshasayee
Case details
As recorded by the court registry
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