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NITHIYALAKSHMI v. STATE REP BY, THE INSPECTOR OF POLICE

Supreme Court of India | Diary 42379/2024

Status

Order

Decided On

2024-11-25

Bench

HON'BLE MR. JUSTICE ABHAY S. OKA, HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

Petitioner

NITHIYALAKSHMI

Respondent

STATE REP BY, THE INSPECTOR OF POLICE

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.4765 OF 2024 (Arising out of S.L.P.(Criminal) No.13556 of 2024)

NITHIYALAKSHMI ... APPELLANT(S)

VS.

STATE REP BY THE INSPECTOR OF POLICE & ANR. ... RESPONDENT(S)

O R D E R

The notice is duly served to the private

respondent, no one appears on his behalf.

Leave granted.

Heard the learned counsel appearing for the

appellant and the learned counsel appearing for the first

respondent-State.

The appellant filed a petition before the High

Court under Section 482 of the Code of Criminal

Procedure, 1973 for quashing the First Information Report

lodged at the instance of the private respondent for the

offences punishable under Sections 406 and 420 of the

Indian Penal Code, 1860. From the impugned order by

which the petition was rejected, we find that number of

submissions were canvassed across the Bar by the counsel

for the appellant which are noted by the High Court in

paragraph Nos.2 to 5. However, none of the submissions

1

has been considered by the High Court and by a cryptic

order, the High Court has dismissed the quashing

petition.

This is not the way in which the High Court could

have dealt with the quashing petition filed by the

appellant and especially considering the contentions

raised which are noted...

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