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R.Boopalan Vs State, Rep by — Quashing and FIR | Madras HC (2018)

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Madras HC
2018
R.Boopalan Vs State, Rep byR.Boopalan v. State, Rep by

Dismissed

R.Boopalan v. State, Rep by

Madras HC21 Dec 2018CRL OP/30070/2018

Case brief

AI extract

What is this about?

Petitioner sought quashing of criminal proceedings under Section 482 Cr.P.C. Surviving 11-year-old being a child.

What did the court decide?

Petition dismissed; trial court directed to complete proceedings within four months.

What the court decided

AI extract

A

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2018

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

Crl.O.P.No.30070 of 2018

and

Crl.M.P.No.17678 of 2018

R.Boopalan ... Petitioner -Vs1. State. Rep by the Inspector of Police, Ambatur Estate Police Station, Ambatur Estate, Chennai. 2. B.Jagadeesan, Manager-HR & Admin, Santi Enterprises Electricals (P) Limited, No.37, Josiyar Street, Nungampakkam, Chennai – 34. ... Respondents

Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records and proceedings relating to the FIR pending on the file of the Judicial Magistrate No.I, Ambattur, Chennai, in C.C.No.145 of 2017 and quash the same.

For Petitioner : Mr.K.Ramesh

For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

Parties & counsel

AI extract

petitioner
R.Boopalan
respondent
State

Coram

AI extract

N. Anand Venkatesh

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 21 Dec 2018 · December
Registered: 20 Dec 2018
Case no.: CRL OP/30070/2018

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Cite this judgement

R.Boopalan v. State, Rep by, CRL OP/30070/2018 (MAD), decided on 21 December 2018.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

N. Anand Venkatesh

Parties & counsel

Outcome

Petition dismissed; trial court directed to complete proceedings within four months.

Detailed headnote1 paragraphs

Petitioner filed a criminal original petition under Section 482 Cr.P.C. to quash criminal proceedings. Trial already commenced with six prosecution witnesses examined. Court declined interference at this stage, leaving grounds to be raised before the trial court, and dismissed the petition with a direction to complete proceedings within four months.

A compact analysis

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.

ORDER

This petition has been filed seeking to quash the proceedings in C.C.No.145 of 2017, pending on the file of the Judicial Magistrate No.I, Ambattur, Chennai.

The Petitioner is facing a charge under Section 381 of IPC. Admittedly, in this case, the trial has already started and six witnesses have already been examined on the side of the prosecution. At this stage, this Court is not willing to interfere with the proceedings. It is left open to the petitioner to raise all the grounds before the Court below and

https://hcservices.ecourts.gov.in/hcservices/

the Court below shall consider the same on its own merits and in accordance with law.

This Criminal Original Petition is dismissed. There shall be a direction to the Court below to complete the proceedings within a period of four months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

ssr

Sd/-
Assistant Registrar

//True Copy//
Sub Assistant Registrar
To
1. The Judicial Magistrate No.I,
Ambattur, Chennai.
2. The Inspector of Police,
Ambatur Estate Police Station,
Ambatur Estate, Chennai.
3. The Public Prosecutor,
High Court, Madras.
+1cc to Mr.K.Ramesh, Advocate, S.R.No.89559
Crl.O.P.No.30070 of 2018
and
Crl.M.P.No.17678 of 2018
sj(CO)
kak(24/01/2019)

https://hcservices.ecourts.gov.in/hcservices/

CNR

HCMA013885672018

Topic

Quashing and FIR

Bench

N. Anand Venkatesh

Disposal

DISMISSED

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21 Dec 2018

Suseela Yuvaraj Vs D.Kumaresan

21 Dec 2018