A three-judge bench dismissed the Criminal Original Petition filed to quash criminal proceedings based on Section 482 Cr.P.C. However, the court directed the Judicial Magistrate to dispose of the criminal case within three months.
Petition dismissed; direction to Judicial Magistrate to dispose of CC No. 130 of 2006 within three months.
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 : 01.03.2016
CORAM:
THE HONOURABLE MS. JUSTICE R.MALA
Crl.O.P.No.14346 of 2011 and
M.P.No.1 of 2011
Petition filed under Section 482 Cr.P.C to call for the records in CC.130/2006 (in Crime No.373 of 2005) on the file of the Judicial Magistrate, Bhavani, and to quash the same.
For Petitioners : Mr.R.Vivekananthan
For Respondent-1 : Mr.C.Emalias Additional Public Prosecutor
O R D E R
Heard both sides.
stating that they are claiming title under the Will alleged to have been executed by one Gurusamy, who is none other than the father of the de facto complainant. Merely because the case has been ended in dismissal stating that the Will is forged, the present case is levelled against him and the charge sheet is filed. But during the argument, the learned counsel wanted earlier disposal of C.C.130 of 2006.
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
mra
To
1. THE JUDICIAL MAGISTRATE,
BHAVANI.
2. Do- THROUGH THE CHIEF JUDICIAL MAGISTRATE,
ERODE.
3. THE SUB INSPECTOR OF POLICE
AMMAPETTAI POLICE STATION
BHAVANI TALUK, ERODE DISTRICT.
4. THE PUBLIC PROSECUTOR,
HIGH COURT, MADRAS
+1cc to Mr.P.Arulmathi, Advocate, S.R.No.13278
Crl.O.P.No.14346 of 2011
and
M.P.No.1 of 2011
EV(CO) CA(15/03/2016)
2 issues framed by the court
Whether the Criminal Original Petition under Section 482 Cr.P.C. to quash proceedings in CC No. 130 of 2006 should be allowed.
Whether the lower court should be directed to dispose of the pending criminal case within a specified period.
1 provisions across 1 enactments
Chinnappa Gounder
C.Pachamuthu
Angamauthu @ Thangaraj
Samalai Gounder
State represented by The Sub Inspector of Police
Gurusamy
R. Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
