This judgment dismissed a Criminal Original Petition under Section 482 CrPC seeking to quash a criminal proceeding. The petition was dismissed for non-prosecution as the petitioner failed to appear with representation on the hearing date.
The Criminal Original Petition and connected miscellaneous petitions were dismissed for non-prosecution.
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: 10.03.2016
CORAM
THE HONOURABLE MS.JUSTICE R. MALA
CRL.O.P.No.4395 of 2009
and
M.P.Nos.1 and 2 of 2009
Nezeer .. Petitioner/A-17
.. Vs ..
1. State rep. by,
The Inspector of Police,
XVIII Central Crime Branch,
Egmore, Chennai - 600 008.
(Crime No.788 of 2006. .. 1st Respondent/Complainant
2. P.Kesavan
General Manager
Tamilnadu Real Estate (P)Ltd
NO.19, Nungambakkam High Court,
Chennai-34
.. 2nd Respondent/De facto Complainant
Prayer:- Criminal Original Petition filed under Section 482 of
the Code of Criminal Procedure, praying to call for the records
in C.C.No.15601 of 2008 on the file of the learned Chief
Metropolitan Magistrate, Egmore at Chennai and to quash the same
so far as the petitioner is concerned.
For Petitioner : No Appearance
For R-1 : Mr.C.Emalias,
Additional Public Prosecutor
- - - - -
ORDER
When the matter was taken up for hearing on 09.03.2016, there was no representation on behalf of the petitioner and hence, the same was directed to be posted today i.e., on 10.03.2016 under the caption for dismissal. Even today also, there is no representation on behalf of the petitioner. Hence,
this Criminal Original Petition is dismissed for nonprosecution. Consequently, the connected miscellaneous petitions are also dismissed.
-s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
Jrl
To
1. The Chief Metropolitan Magistrate,
Egmore, Chennai.
2. The Inspector of Police,
XVIII Central Crime Branch,
Egmore, Chennai - 600 008.
3. The Public Prosecutor,
High Court, Madras.
CRL.O.P.No.4395 of 2009
rsl(co)
aa23/03/2016
3 issues framed by the court
Whether the Criminal Original Petition filed under Section 482 CrPC to quash proceedings should be allowed in the absence of the petitioner.
Whether the connected miscellaneous petitions should be dismissed due to non-prosecution.
What is the outcome of the Criminal Original Petition when the petitioner fails to appear.
1 provisions across 1 enactments
Nezeer
State rep. by The Inspector of Police, XVIII Central Crime Branch
P.Kesavan
R. MALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
