Petitioner ranked A11 sought quashing of the charge sheet for offences including Sections 302 and 395 IPC. The trial was at part-heard stage with 29 of 60 witnesses already examined. The High Court dismissed the petition, granting liberty to raise all defences before the trial court.
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.3681 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.02.2024
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
Crl.O.P.No.3681 of 2022 and Crl.M.P.No.1748 of 2022
Shaik Mohammed Sadiq
... Petitioner
Versus
The State rep. by Inspector of Police, Crime Branch-CID, Krishnagiri Dt. (Crime No.3 of 2014)
... Respondent
PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records made in S.C.No.38 of 2019 on the file of Addl. District and Sessions Judge, Hosur, Krishnagiri District and quash the same.
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Crl.O.P.No.3681 of 2022
For Petitioner : Mr.A.Ramesh For Respondent : Mr.S.Vinoth Kumar, Govt. Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed seeking to quash the charge sheet in S.C. No. 38 of 2019 on the file of learned Addl. District and Sessions Judge, Hosur, Krishnagiri District.
2014 registered for the offence under Sec.379 of I.P.C. @ 341, 347, 364, 395, 302 I.P.C. r/w 396 and 397, 201 and 109 of I.P.C. Subsequently, the charge sheet has been filed and the same was taken on file in S.C.No.38 of 2019 on the file of learned Addl. District and Sessions Judge, Hosur and the same is pending. Now, the petitioner had filed this petition praying to quash the said charge sheet.
Government Advocate (Criminal side) appearing for respondent would
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Crl.O.P.No.3681 of 2022
submit that so far, out of 60 witnesses, 29 witnesses were examined and the trial is at part-heard stage. Hence, he prayed to dismiss this petition.
06.02.2024
Index: Yes/No Internet: Yes/No rpp
To
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Crl.O.P.No.3681 of 2022
T.V.THAMILSELVI, J.
rpp
CRL.O.P.No.3681 of 2022
06.02.2024
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1 issue framed by the court
Should the charge sheet in S.C.No.38 of 2019 against the petitioner be quashed despite the trial being at part-heard stage with 29 of 60 witnesses examined?
1 provisions across 1 enactments
Shaik Mohammed Sadiq
The State rep. by Inspector of Police, Crime Branch-CID, Krishnagiri Dt.
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
