Petition to quash a final report in a cheating and forgery case involving an allegedly fabricated power of attorney. The court declined to quash since trial was pending, directing the petitioner to seek remedies before the Trial Court, but dispensed with his personal appearance considering his age.
Appearance of petitioner before Trial Court dispensed with.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.02.2024
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
CRL.OP No. 6902 of 2022 & Crl. MP. No. 3891 of 2022
G.Srinivasan
[ PETITIONER ]
Vs
1 STATE REP BY INSPECTOR OF POLICE DISTRICT CRIME BRACH, DHARMAPURE DISTRICT. CRIME NO. 8 OF 2016
2.LAKSHMI NARYANAN
[ RESPONDENTS ]
PRAYER : This petition has been filed under Section 482 of Cr.P.C, to Call for the records made in C.C No. 68 of 2017 on the file of Judicial Magistrate - II, Dharmapuri and quash the same as illegal.
For Petitioners : Mr.K.Kalaikovan
For R1 : Mr.S.Vinoth kumar,
Government Advocate crl. side
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ORDER
The petitioners herein filed this petition to Call for the records made in C.C No. 68 of 2017 on the file of Judicial Magistrate - II, Dharmapuri and quash the same as illegal.
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as illegal.
has only signed as a witness in the power of attorney and he was falsely implicated in this case, except he signed in the document he has not aware of the authenticity of the document. Hence, he prays to allow this petition.
objection stating that the petitioner was knowinfully signed the said document. Hence, prays to dismiss this petition.
and the prosecution filed the final report and also the matter is ripe for trial. Hence, the petitioner can work out his remedy before the Trial Court, this Court is not inclined to allow this petition. Further, considering the age of the petitioner, his appearance before the Trial Court is dispensed with.
12.02.2024
pbl
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T.V.THAMILSELVI, J.
pbl
To
1.The Public Prosecutor, High Court, Madras.
2. The Judicial Magistrate - II, Dharmapuri.
CRL.OP No. 6902 of 2022 & Crl. MP. No. 3891 of 2022
12.02.2024
1 issue framed by the court
Whether the C.C No. 68 of 2017 final report against the petitioner, who claims he only witnessed the power of attorney, should be quashed under Section 482 Cr.P.C.
1 provisions across 1 enactments
G.Srinivasan
State rep by Inspector of Police District Crime Branch, Dharmapuri District, Crime No. 8 of 2016
Lakshmi Naryanan
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
