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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI
T. Rajeshwaran – Appellant
Versus
State, Rep. by Tamil Nadu, The Inspector of Police, Gandamannur Vilakku Police Station, Theni – Respondent
ORDER :
L. VICTORIA GOWRI, J.
Preface:
This Criminal Original Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the charge sheet in C.C.No.96 of 2019 pending on the file of the learned Judicial Magistrate, Andipatti, Theni District, insofar as the petitioner is concerned. The petitioner is sought to be prosecuted for the alleged offences punishable under Sections 341, 353 and 379 of the Indian Penal Code.
2. The petitioner would contend that he is a practicing Advocate and that his implication in the present case is wholly unwarranted, legally unsustainable, and actuated by improper exercise of police power. According to him, even the remand Court, at the relevant point of time, had found no sufficient material to justify his remand for the alleged offences. It is in the said backdrop that the present petition has come to be filed invoking the inherent jurisdiction of this Court.
Case of the prosecution:
3. The case of the prosecution, as projected by the respondent police, is that on the date of occurrence, the police had intercepted the second accused in connection with alleged illegal transportation of sand and had secured both
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....
Inherent jurisdiction under S. 528 BNSS (or S. 482 IPC) cannot be invoked to quash criminal proceedings if the material on record discloses a prima facie case, leaving factual disputes, contradiction....
The inherent powers to quash criminal proceedings under Section 482 of the Cr.P.C. should be exercised sparingly, especially where allegations disclose a prima facie case.
The main legal point established in the judgment is the interpretation and application of Section 197(1) Cr.P.C, providing protection to public servants from vexatious proceedings, and the court's em....
The power to quash prosecution should be exercised only in exceptional cases, and prima facie evidence is required for trial.
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