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D. BHARATHA CHAKRAVARTHY
Dharmenthiran – Appellant
Versus
State Rep. by the Inspector of Police, Elayangudi Police Station – Respondent
ORDER :
Prayer: This Petition is filed under Section 482 Cr.P.C. to call for the records pertaining to the charge sheet in P.R.C. No. 09 of 2020 on the file of the Judicial Magistrate, Ilayangudi and quash the same.
(A) The Petition:
1. This Petition is filed to call for the records pertaining to the final report filed in P.R.C. No. 9 of 2020 on the file of the learned Judicial Magistrate, Ilayankudi and quash the same and pass further orders.
(B) The Arguments:
2. Heard Mr. V. Kathirvelu, learned Senior Counsel appearing on behalf of the petitioners, Mr. R.M. Anbunithi, learned Additional Public Prosecutor appearing on behalf of the first respondent and Mr. Karthick Kanna, learned counsel appearing on behalf of the second respondent/defacto complainant.
2.1 Mr. V. Kathirvelu, learned Senior Counsel appearing on behalf of the petitioners would submit that the father of the petitioners 1 to 5 was murdered in the transaction and only to save their skin, as a counterblast, the defacto complainant has given the present complaint. The defacto complainant and the family of the defacto complainant did not even sustain any grievous injury in the transaction. They were the aggressors and there wa
The court emphasized the need for a definitive investigation to resolve contradictory accounts in cases involving rival versions of the same incident.
A case and its counter case must be investigated by the same Investigating Officer to ensure fairness and prevent conflicting judgments.
The main legal point established in the judgment is the magistrate's jurisdiction to disagree with the police report, take cognizance, and issue process and summons to the accused, as well as the cou....
A magistrate can independently assess investigation materials and register a protest petition as a complaint if sufficient grounds are provided, emphasizing the standard of prima facie evidence at th....
Point of Law : Judicial conscience of High Court would persuade it to exercise its power under Section 482 of the Cr.P.C. to quash such criminal proceedings, for that would prevent abuse of process o....
Cognizance under serious charges requires substantive evidence; mere allegations without corroboration do not justify legal proceedings.
The final report under Section 173(2) Cr.P.C. does not bind the Magistrate, who has the power to take cognizance of offences based on the material collected during investigation.
The court emphasized the necessity for independent investigations and adherence to procedural safeguards in police encounter cases, ensuring that the right to life is protected under Article 21 of th....
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