Single judge dismissed a petition under Section 482 CrPC to quash proceedings for Sections 324, 448, 506 IPC. Held that allegations require investigation. Directed police to investigate without arrest and issue notice.
Police directed to complete investigation without arrest, issue notice for appearance, and file final report.
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THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.3834 of 2016
ORDER:
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C.) to quash the proceedings in crime No.10 of 2016 on the file of the P.S., Vanasthalipuram, registered for the offences under Sections 324, 448, 506 read with Section 34 IPC.
Heard and perused the material.
On perusal of the entire material available on record, prima facie there are allegations against the petitioner, which are to be investigated into by the police. Hence, this Court is not inclined to quash the impugned proceedings at this stage.
Considering the fact that the offences alleged against the petitioner herein are punishable less than five years, the police are directed to complete the investigation without arresting the petitioner and file final report, if any, in accordance with law. The police are directed to issue notice to the petitioner for his appearance for the purpose of investigation and the petitioner is also directed to appear and cooperate with the investigating agency. The petitioner is also directed to submit an Undertaking for his future appearance for the purpose of investigation.
The Criminal Petition is accordingly disposed of. Miscellaneous Petitions pending in this Criminal Petition, if any, shall stand closed.
_____________________ JUSTICE RAJA ELANGO
22.03.2016 pln
2 issues framed by the court
Whether the criminal proceedings under Sections 324, 448, 506 IPC read with Section 34 IPC should be quashed under Section 482 CrPC.
Whether the petitioner should be arrested for an offence punishable with less than five years during investigation.
2 provisions across 2 enactments
Petitioner
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
