Criminal Original petition filed to quash charges related to P.D.S.Rice transportation arising under T.N.E.T.A. orders. Court found prima facie materials and dismissed the petition.
Criminal Original petition dismissed; petitioner directed to appear personally only at critical stages.
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: 19.06.2018
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
CRL.O.P.(MD)No.17559 of 2013 and M.P.(MD)Nos.2 & 3 of 2013
Ganesh Rajan
... Petitioner/Accused No.2
Vs.
The State represented by, The Inspector of Police, C.S.C.I.D., Tirunelveli. (Crime No.176 of 2004) ... Respondent/Complainant
Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C., to call for records in C.C.No.124 of 2009 on the file of the learned Judicial Magistrate No.I, Tuticorin and quash the same in so far as the petitioner in the above case.
For Petitioner : Mr.K.Seemaraj For Respondent : Mr.A.Robinson, Government Advocate(Crl. Side).
ORDER
The petitioner seeks to quash the C.C.No.124 of 2009 on the file of the learned Judicial Magistrate No.I, Tuticorin.
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the petitioner only when it is absolutely necessary and imperative. The petitioner shall be called upon to appear in person before the trial Court at the time of answering the charges and at the time of examination under Section 313 of Cr.P.C., and at the time of pronouncement of Judgment. On all other occasions, the petitioner can be represented through his counsel. Consequently, connected Miscellaneous petitions are closed.
Sd/Assistant Registrar (RTI)
/True Copy/
Sub Assistant Registrar
To
PMU TE/KKR/SAR-4 : 04/07/2018 : 2P/5C
CRL.O.P.(MD)No.17559 of 2013 and M.P.(MD)Nos.2 & 3 of 2013 19.06.2018
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1 issue framed by the court
Whether the inherent powers under Section 482 CrPC can be used to quash the proceedings given the prima facie evidence against the accused.
1 provisions across 1 enactments
Ganesh Rajan
The State
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court