The petition to quash criminal proceedings under Section 482 Cr.P.C. was dismissed because the trial had progressed to defence evidence, the accused were absconding, and a non-bailable warrant was already pending.
Petition dismissed; trial court directed to complete proceedings within three months.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.10.2018
CORAM:
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
Crl.O.P.(MD).No.1541 of 2017 and Crl.M.P.(MD).Nos.1262 & 1263 of 2017
1.M/s.Blue Star Medical Company Private Limited, Represented by its Authorized Signatory, cum Managing Director Mr.D.Mohan,
Old No.6/2, New No.23.A, Selvavinayagar Koil Street, Opposite to Anna Nagar Arch, Arumbakkam, Chennai-600 106.
2.D.Mohan ... 1st & 2nd Petitioners / Accused
Vs. S.Sethuraman ...Respondent / Complainant
PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the original private amended complaint dated 04.08.2016, filed in S.T.C.No.369 of 2012, on the file of the Judicial Magistrate Court No.2 (FTC II), Madurai and to quash the same as illegal.
For Petitioners :Mr.M.Udhaya Sankar For Respondent :M/s.S.Natesh Raaja
O R D E R
This Criminal Original Petition has been filed seeking to quash the proceedings in S.T.C.No.369 of 2012, pending on the file of the Judicial Magistrate Court No.2 (FTC II), Madurai.
2.The learned counsel appearing for the respondent would submit that in this case P.W.1 has already been examined and crossexamined and the petitioners have also been questioned under Section 313 Cr.P.C. and D.W.1 has also got into the box on behalf of the defence. Thereafter, the petitioners are not appearing before the Court below. Therefore, non bailable warrant was issued on 05.06.2017 and the same is pending till date. The learned counsel would further submit that at this stage, the petition to quash the proceedings should not be entertained by this Court.
3.This Court finds force in the arguments made by the learned https://hcservices.ecourts.gov.in/hcservices/ counsel appearing for the respondent. The case is already at the stage of defence evidence and the petitioners are absconding and non
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bailable warrant is pending from 05.06.2017 onwards, therefore, this Court does not want to exercise its jurisdiction under Section 482 Cr.P.C.
Sd/-
Assistant Registrar(P&A) /True Copy/
Sub Assistant Registrar(CS-III)
tsg
To
The Judicial Magistrate No.2 (FTC II), Madurai.
+1cc to Mr.S.Natesh Raja, Advocate in SR No.91757
Crl.O.P.(MD).No.1541 of 2017
NM /SV/SAR III/19.11.18/2P/3C.
1 issue framed by the court
Whether the High Court should exercise its jurisdiction under Section 482 Cr.P.C. to quash criminal proceedings where the trial has reached the defence evidence stage and the accused are absconding wi
1 provisions across 1 enactments
M/s.Blue Star Medical Company Private Limited and D.Mohan
S.Sethuraman
N.Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
