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K. MURALI SHANKAR
Jamal Anish Fathima – Appellant
Versus
State Rep by The Inspector of Police, Virudhunagar – Respondent
JUDGMENT
(Prayer : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to the charge sheet filed in C.C.No.829 of 2022 on the file of the learned Judicial Magistrate No.II, Virudhunagar and quash the same.)
1. This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records relating to the charge sheet filed in C.C.No.829 of 2022 on the file of the learned Judicial Magistrate No.II, Virudhunagar and quash the same.
2. The petitioner is the sixth accused in C.C.No.829 of 2022 on the file of the Judicial Magistrate No.II, Virudhunagar.
3. The case of the prosecution is that the father of the petitioner served as Head Clerk and misappropriated a sum of Rs.28.10 Lakhs, which was meant for compensation awarded to the victim of the road accident as well as the legal heirs of the deceased persons and the same was transferred to the account of the petitioner herein.
4. On the basis of the complaint lodged by the second respondent, FIR came to be registered in Crime No.21 of 2021 against the petitioner for the alleged offences under Sections 120(B), 408, 420 IPC. After investigatio
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 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 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'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 main legal point established in the judgment is that the power under Section 482 of the Cr.P.C. should be exercised sparingly and that filing a successive petition without new grounds is not an a....
The nature and seriousness of the offence, along with the criminal antecedents of the accused, must be considered when quashing a non-compoundable offence under Section 482 of Cr.P.C.
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 court has the power to quash proceedings if they are manifestly attended with mala fide and maliciously instituted with an ulterior motive.
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