The High Court dismissed a Criminal Original Petition under Section 482 CrPC seeking quashing of criminal proceedings, holding the prayer not maintainable as the trial court had committed proceedings despite a prior stay order.
The Criminal Original Petition is dismissed. Connected Criminal Miscellaneous Petitions are 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.No.6543 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.01.2024
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
Crl.O.P.No.6543 of 2022 and
Crl.M.P.Nos. 3691 & 3692 of 2022
... Petitioners
Vs.
by Sub-Inspector of Police, E-6, Thazhampur Police Station, Chengalpattu Dt.
.. Respondents
PRAYER : Criminal Original Petition filed under Sec.482 of Criminal Procedure Code, to call for the records in C.C.No. 384 of 2021 on the file of learned Judicial Magistrate, Addl. Mahila Court, Chengalpattu and quash the same.
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For Petitioners : Mr.A.Saravanan
Crl.O.P.No.6543 of 2022
For Respondents : Mr. S.Vinoth Kumar Govt. Advocate (Crl. Side) for R1 Mr. S.Suresh for R2
O R D E R
This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No. 384 of 2021 on the file of learned Judicial Magistrate, Addl. Mahila Court, Chengalpattu.
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Crl.O.P.No.6543 of 2022
of stay on 23.03.2022, inspite of that, the trial court had committed the proceedings in S.C.No.204 of 2022. Hence, the prayer sought by the petitioners as such is not maintainable. Hence, this petition is liable to be dismissed. Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected Criminal Miscellaneous Petitions are closed.
04.01.2024
Index : Yes / No Internet : Yes / No Speaking/Non-speaking order rpp
To
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Crl.O.P.No.6543 of 2022
T.V.THAMILSELVI, J.
rpp
Crl.O.P.No.6543 of 2022
04.01.2024
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1 issue framed by the court
Whether the Criminal Original Petition seeking quashing of proceedings is maintainable in light of the trial court committing proceedings after a previous stay was granted.
1 provisions across 1 enactments
Devaraj
Dilli
Anandhi
State
N.Santhakumari
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
