Dismissed

Bibin v. The Inspector of Police

Madras HC8 Jul 2024CRL OP(MD)/7996/2023

Case brief

AI extract

What is this about?

The petitioner, accused of assault under IPC, filed a petition under Section 482 CrPC to quash pending proceedings, citing co-accused acquittal abroad. The court dismissed the petition due to trial court acquittal on benefit of doubt and directed expeditious trial.

What did the court decide?

Criminal Original Petition dismissed; direction to petitioner to appear before trial Court; direction to trial Court to conclude trial expeditiously.

Bibin Vs The Inspector of Police — Criminal Trial and Appeal | Madras HC (2024)

¶1

Crl.O.P.(MD)No.7996 of 2023

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 08.07.2024

¶4

CORAM :

¶5

THE HON`BLE MR.JUSTICE B.PUGALENDHI

¶6

Crl.O.P.(MD)No.7996 of 2023

¶7

Bibin ... Petitioner Vs 1. The Inspector of Police, Karungal Police Station, Kanyakumari District. (Crime No. 165/2019) 2. Elango ... Respondents

¶8

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in STC No. 522 of 2022 on the file of the Judicial Magistrate, Eraniel, Kanyakumari District and quash the same.

¶9

For Petitioner : Mr.R.Russel Raj For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl. side)

¶10

https://www.mhc.tn.gov.in/judis

¶11

1/4

¶12

Crl.O.P.(MD)No.7996 of 2023

¶13

ORDER

¶14

The petitioner is accused in STC.C.No.522 of 2022 on the file of the

¶15

learned Judicial Magistrate, Eraniel, Kanniyakumari District, for the offence under Sections 341, 323, 294(b) and 506(i) IPC. He has filed this petition to quash the proceedings pending against him.

¶16

The case of the prosecution is that due to some dispute, the petitioner along with other accused abused the defacto complainant in filthy language and attacked him and also threatened him. Hence the case.

¶17

The learned Counsel for the petitioner submits that the petitioner is in abroad and the co-accused were acquitted by the trial Court. Hence, he prays to quash the proceedings in STC No.522 of 2022.

¶18

The learned Government Advocate (Crl. Side) submits that the co-accused have been acquitted on benefit of doubt.

¶19

Considering the submission of the learned Government Advocate (Crl. Side) that the trial Court has acquitted the co-accused on the benefit of

¶20

doubt, this Court is not inclined to entertain this petition.

¶21

https://www.mhc.tn.gov.in/judis

¶22

2/4

¶23

Crl.O.P.(MD)No.7996 of 2023

¶24

Accordingly, this Criminal Original Petition is dismissed with a direction to the petitioner to appear before the trial Court and the trial Court is directed to conclude the trial as expeditiously as possible.

¶25

08.07.2024

¶26

NCC : Yes/No Index : Yes/No Internet:Yes jbr

¶27

To 1. The Inspector of Police, Karungal Police Station, Kanyakumari District.

¶28

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

¶29

https://www.mhc.tn.gov.in/judis

¶30

3/4

¶31

Crl.O.P.(MD)No.7996 of 2023

¶32

B.PUGALENDHI,J

¶33

jbr

¶34

Crl.O.P.(MD)No.7996 of 2023

¶35

08.07.2024

¶36

https://www.mhc.tn.gov.in/judis

¶37

4/4

Bibin v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Bibin v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Karthikeyan Vs B.K.Aravind

M Mahendran Vs The Inspector Of Police

I.KannaDhasan Vs Laxmi Latha

Murugan Vs The Inspector of Police

Navaneetha Krishnan Vs The Inspector of Police

Rajmohan Vs The Superintendent of Police