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G. K. ILANTHIRAIYAN
Elangovan – Appellant
Versus
Inspector of Police, Dindigul – Respondent
JUDGMENT
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to the case registered in impugned charge sheet in CC No.238 of 2019 on the file of the learned District Munsif cum Judicial Magistrate, Vedasanthur in Crime No. 259 of 2019 on the file of the first respondent police and quash the same as illegal.)
1. This petition has been filed seeking direction to quash the proceedings in CC No.238 of 2019 on the file of the learned District Munsif cum Judicial Magistrate, Vedasanthur.
2. The second respondent is employed as Manager of Bala Thandayutapani Thirukovil Mahal at Vedasanthur and the said mahal belongs to four branches of one particular section of people. While being so, on 31.07.2019 at about 8.30 at the instance of the second respondent, flooring works were being carried out by construction workers and at that time, the petitioner herein and one Pitchaimani @ Jeyaprakash Narayanan have restrained them from carrying out the said work and abused them using odious words and also attacked him due to which he sustained injuries.
3. The learned Counsel appearing for the petitioner would submit that the petitioner is innocent
The High Court cannot appreciate evidence and record findings in Section 482 Cr.P.C. proceedings. The trial court should decide the issues on merits and the accused's defense should be tested during ....
The court's decision emphasized that the power under Section 482 of Cr.P.C should not be used to inquire into the validity of the evidence, but only to consider whether the allegations in the complai....
The court emphasized that the power under Section 482 Cr.P.C should not be used to inquire into the validity of the evidence available when quashing a complaint or a charge.
The court emphasized that at the Section 482 Cr.P.C stage, it should not assess the veracity of the statements in the complaint and should not interfere if there are prima facie allegations.
The power under Section 482 Cr.P.C. to quash proceedings is an exception and should be exercised sparingly.
The court emphasized the need for a proper affidavit for a private complaint, the requirement of prior application under Section 154(1) and 154(3) Cr.P.C before an application under Section 156(3) Cr....
The High Court can quash criminal proceedings under Section 482 of Cr.P.C. to prevent abuse of process when complaints are motivated by civil disputes.
The main legal point established in the judgment is that the grounds for quashing proceedings under Section 482 Cr.P.C should not be considered based on the validity of evidence, and the trial Court ....
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