Petition under Section 482 CrPC to quash a complaint was dismissed for non-prosecution due to the petitioner's absence. The trial court was directed to dispose of the pending case within two months.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.09.2016
CORAM
THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM
Crl.O.P.(MD) No.11844 of 2015 and M.P(MD)Nos.1 and 2 of 2015
L.Dhandapani : Petitioner
-vs-
S.Pazhamalai : Respondent
Prayer: Petition filed under Section 482 of Code of Criminal Procedure, to quash the complaint in STC No.36 of 2014 pending on the file of the Judicial Magistrate No.1, Tiruchirappalli, by exercising the inherent powers under Section 482 of the Criminal Procedure Code and pass such other orders.
For Petitioner : No appearance For Respondent : Mr.Arunaguru Prasad O R D E R
This petition is filed to quash the complaint in STC No.36 of 2014 on the file of the Judicial Magistrate No.1, Tiruchirappalli.
2.When the matter was taken up for hearing on 21.09.2016, there was no representation for the petitioner. Hence, the matter is directed to be listed on 22.09.2016 under the caption 'For Dismissal'. Even today i.e., on 22.09.2016, when the matter is taken up for hearing, there is no representation for the petitioner.
3.The learned counsel for the respondent would submit that the petitioner filed application before the trial court to recall the witness and that petition was allowed and instead of cross examining the witness, this application has been filed to quash the complaint.
4.Hence, this petition is dismissed for non-prosecution. However, considering the fact that the case is pending from the year 2014 and the trial has already been completed and the case is https://hcservices.ecourts.gov.in/hcservices/ now posted for argument. The learned Judicial Magistrate No.1, Tiruchirappalli, shall dispose of the case as expeditiously as possible, preferred within a period of two months from the date of
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receipt of a copy of this order. Consequently, connected Miscellaneous Petitions are closed.
Sd/
Assistant Registrar(CS-II)
/True Copy/
Sub Assistant Registrar.
To,
The Judicial Magistrate No.1, Tiruchirappalli.
+1CC to M/S.K.S.Sankar Murali, Advocate, SR.No. 55232 +1CC to M/S. Aruna Guru Prasad,Advocate, SR.No. 54953
Crl.O.P.(MD) No.11844 of 2015
22.09.2016
er
AM/SK.SKN/SAR-III/28.09.2016/2P/4C
1 provisions across 1 enactments
L. Dhandapani
S. Pazhamalai
K. Kalyanasundaram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
