The High Court of Madras quashed criminal proceedings under the Child Labour Act, 1986, holding that the complaint was filed beyond the one-year period of limitation prescribed under Section 468(2) CrPC for offences punishable with imprisonment not exceeding one year.
The criminal proceedings in C.C.No.123 of 2009 were quashed as barred by limitation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:12.03.2015
CORAM:
THE HONOURABLE MR.JUSTICE R.S.RAMANATHAN
CRL.O.P.No.23994 of 2009 and M.P.Nos.1 & 2 of 2009
Sridevi .. Petitioner Vs. Government of Tamilnadu Represented by Mr.S.Baskaran Assistant Inspector of Labour Tambaram. .. Respondent Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to call for the records and quash the proceedings in C.C.No.123 of 2009 pending on the file of the Learned Chief Judicial Magistrate, Chengalpattu. For Petitioner : Mr.Krishnasrinivas for M/s.S. Ramasubramaniam & Associates. For Respondent : Mr.M. Maharaja Additional Public Prosecutor ORDER
The petitioner was prosecuted under Section 14 (1) of the Child Labour (Abolition and Prohibition) Act 1986.
(2) Code of Criminal Procedure, if the period of limitation in case of punishment not exceeding one year is one year and in this case, the case was taken on file on 24.03.2009 as seen from the seal of the learned Chief Judicial Magistrate, Chengalpet and therefore, the complaint is beyond the period of limitation as per Section 468 (2) Code of Criminal Procedure.
In the result, the criminal original petition is allowed and consequently, connected miscellaneous petitions are closed. -s/dAssistant Registrar(CO) Dt:31/3/2015 True Copy Sub-Assistant Registrar To 1. Mr.S.Baskaran Assistant Inspector of Labour Tambaram. 2. The Chief Judicial Magistrate, Chengalpattu. 3. The Public Prosecutor, High Court, Madras. + 1 cc to M/s.Ramasubramaniam & Associates, Advocate SR 14003 ggk(co) prk6/4 CRL.O.P.No.23994 of 2009and M.P.Nos.1 & 2 of 2009
2 issues framed by the court
Whether the criminal proceedings are barred by limitation under Section 468(2) CrPC.
Whether the complaint filed more than two years after the offence is maintainable.
3 provisions across 2 enactments
Sridevi
Government of Tamilnadu
R.S.Ramanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
