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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
L.VICTORIA GOWRI
Uthayakumar – Appellant
Versus
State Tamilnadu, rep by The Inspector of Police, Sivagangai Town Police Station, Sivagangai – Respondent
| Table of Content |
|---|
| 1. allegations of offence based on traffic violation. (Para 2 , 3 , 4 , 5) |
| 2. arguments about the viability of prosecution. (Para 6 , 7 , 8) |
| 3. consideration of essential ingredients required for prosecution. (Para 9) |
| 4. court's evaluation of legal standards for prosecution. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 22 , 23 , 24 , 25 , 26 , 28) |
ORDER :
L. VICTORIA GOWRI, J.
Preface
This Criminal Original Petition is an invocation of the inherent jurisdiction of this Court under Section 528 BNSS , 2023, seeking quashment of the prosecution in C.C.No.71 of 2024 arising out of Crime No.519 of 2024, registered for the alleged offences under Sections 294 (b), 353 and 506(1) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act , 2002.
2. The contours of the inherent power are well settled. It is not a forum for a mini-trial, yet, where even on an uncontroverted reading of the prosecution materials the essential ingredients of the alleged offences are absent, continuation of the criminal proceedings would amount to an abuse of process, warranting interference.
Case of the Prosecution:
3. On 22.06.2024, the second respondent /de facto complai
The court clarified that continuing prosecution without sufficient allegations amounting to criminal offenses constitutes an abuse of process under Section 528 BNSS, 2023.
Criminal proceedings are liable to be quashed under Section 528 BNSS when the final report fails to disclose the specific essential ingredients of the alleged offences, rendering the trial a futile e....
Criminal proceedings are not be quashed under Section 528 BNSS when the complaint and final report prima facie disclose the ingredients of alleged offences, as disputed questions of fact regarding mo....
Allegations must meet specific legal criteria to support criminal charges; vague claims under Sections 294 and 506 of IPC should lead to quashing of FIR and proceedings.
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