Ramesh v. State Rep. by
Case brief
What is this about?
The High Court rejected the plea to quash criminal proceedings solely on grounds of long pendency but directed the lower court to conclude committal proceedings within six weeks.
What did the court decide?
Proceedings not quashed; direction issued to complete committal proceedings within six weeks.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.09.2019
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH
Crl.O.P.No.20075 of 2019
Ramesh ...Petitioner/Accused-8
Vs 1. State rep. by, Inspector of Police, Kandamangalam Police Station, Villupuram District. Crime No.7/2006. .. 1st Respondent/Complainant 2. E.S.Gurubarathan ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records relating to the proceedings in P.R.C.No.43 of 2007, before the file of Learned Judicial Magistrate-II, Villupuram and may quash the same in respect of the petitioner / accused No.8.
For Petitioner : Mr.B.Nambiselvan For Respondents: Mr.C.Iyyapparaj Additional Public Prosecutor for R1 O R D E R
The grievance of the petitioner is that though the proceedings in P.R.C.No.43 of 2007 was initiated 12 years back, the trial is yet to be commenced. The reason for the delay was sought for from the learned Judicial Magistrate by way of report, wherein it was stated that the accused had one after the another failed to appear before the Court, owing to which warrants were issued. At present, the case is pending for execution of Non Bailable Warrant against A1, A6 and A7.
Issues for consideration
2 issues framed by the court
Whether criminal proceedings of long pendency can be quashed solely due to delay in trial.
Whether directions be issued to the trial court to complete committal proceedings within a stipulated time.
Parties & counsel
- petitioner
Ramesh
- respondent
State represented by Inspector of Police, Kandamangalam Police Station
- respondent
E.S. Gurubarathan
Coram
Case details
As recorded by the court registry
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