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G. K. ILANTHIRAIYAN
V. Ramu – Appellant
Versus
Inspector of Police, Kallakuruchi – Respondent
JUDGMENT
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records in CC.No.21 of 2018 on the file of Judicial Magistrate Court-II, Kallakuruchi District and quash the same.)
1. This Criminal Original Petition has been filed calling for the records in CC.No.21 of 2018 on the file of Judicial Magistrate Court-II, Kallakuruchi District and to quash the same.
2. The case of the prosecution is that on 28.04.2016, the accused persons came with deadly weapons and threatened the defacto complainant with dire consequences. They also attacked the defacto complainant with chappals and sticks. Hence, a case was registered as against the accused persons for the offences under Sections 294(b), 324, 355 and 506(2) of IPC.
3. The learned counsel for the petitioners would submit that the defacto complainant and other witnesses stated that the occurrence had taken place on 28.05.2016, even in the complaint and all the documents. However, in the statement recorded under Section 161 of Cr.P.C, the second respondent stated that they have wrongly given the date of occurrence as 28.05.2016 instead of 28.04.2016. Hence, he prayed to quash the proceedings.
4. The le
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 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 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....
Once trial commences in a criminal case, petition to quash proceedings under Section 482 CrPC is not maintainable.
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