The High Court dismissed the plea to quash the charge sheet, directing the trial court to complete the pending trial within six months to cure the delay caused primarily by the accused's absence and non-cooperation.
The petition to quash the charge sheet is disposed of; the trial is directed to be completed within six 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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2017 CORAM:
THE HON'BLE MR.JUSTICE P.N.PRAKASH
Crl.O.P.(MD)No.1613 of 2017 and Crl.M.P.(MD) Nos.1324 and 1325 of 2017
... Petitioners/A1 to A8
-vs-
Rep. by The Sub-Inspector of Police, Vellichanthai Police Station, Kanyakumari District. (Crime No.105 of 2008)
Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to quash the charge sheet in C.C.No.251 of 2009 pending on the file of the Court of Principal District Munsiff-cum-Judicial Magistrate at Eraniel and pass such further or other orders which may deem to pass with regard to the facts and circumstances of the case and thus render justice.
For Petitioner: Mr.J.John Jayakumar For R1 : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side) For R2 : Mr.C.Sankar Prakash *****
O R D E R
This petition has been filed seeking to quash the charge sheet in C.C.No.251 of 2009 pending on the file of the Court of Principal District Munsiff-cum-Judicial Magistrate at Eraniel
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Magistrate at Eraniel against eight accused, challenging which, all the accused are before this Court, on the ground that the Trial in this case has been kept pending without any progress.
"3. I further humbly submitted that this case was taken on file on 25.7.2009 against A1 to A7. Accused 1 to 7 were appeared on 26.11.2009 and charge framed in this case against A1 to A7 on 27.11.2011. On 25.7.2016 A4, A5, A7, A8 were absent and non bailable warrant issued against A4, A5, A7, A8. On 29.11.2006 non bailable warrant against A8 was recalled. On 9.12.2016 non bailable warrant against A5 was recalled. On 26.12.2016 non bailable warrant against A4, A7 was recalled. This case posted on 7.4.2017 for appearance of L.W.1,2,3. Witness summons issued to Lw1 to 3 through concern police.
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accused shall not adopt any dilatory tactics and if they abscond again, a fresh FIR can be registered against them under Section 229-A IPC. With the above direction, this petition is disposed of. Consequently, connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar (CO)
/True copy/
Sub Assistant Registrar
To: 1. The Principal District Munsiff -cum-Judicial Magistrate, Eraniel.
PSM/MMS/05.05.2017/3P/6C
Crl.O.P.(MD)No.1613 of 2017 04.04.2017
3 issues framed by the court
Whether to grant relief to quash the charge sheet in the pending criminal trial due to alleged delay.
How to expedite the trial of the pending criminal case to ensure justice.
Whether the accused should be directed to cooperate with the trial proceedings.
Colour shows how this judgement treated each authority
Vinod Kumar vs. State of PunjabReferred¶31
Vinod Kumar vs. State of Punjab, 2015 (1) Scale 542
J. Isac Rajamoni
State of Tamil Nadu
K.Ambrose
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
