The Court refused to quash the charge sheet as the trial has been pending since 2013. Instead, it directed the trial court to complete the proceedings within three months to address delays.
Refused to quash appeal/OP; liberty granted to raise points; trial completed within three 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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.02.2019
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
CRL.OP.No.4373 of 2019 and CRL.M.P.No.2635 of 2019
K.Karthik ... Petitioner/Accused A2
Vs.
1. The State,
Rep By the Inspector of Police,
Dharapuram Police Station,
Tirupur District.
Crime No.10/2011 ...1 st Respondent /
Complainant
2. S.Senthil Kumar
General Manager,
S.R.S. Country Chicken Industry,
Coimbatore Main Road,
Rudhravathy, Dharapuram. ...2 nd Respondent /
De facto Complainant
PRAYER: Criminal Original Petition filed under Section 482
Cr.P.C, to call for the records and Quash the charge sheet in
C.C.No.179 of 2013 on the file of the Judicial Magistrate Court
Dharapuram.
For Petitioner : Mr.N.Stalin
For Respondent : Mr.M.Mohamed Riyaz - for R1 Additional Public Prosecutor
O R D E R
This Criminal Original Petition has been filed to quash the charge sheet in C.C.No.179 of 2013, on the file of the Judicial Magistrate Court, Dharapuram.
2.It is seen from the records that there are specific averments and allegations to attract the offences under Sections 420, 409 r/w 120 (B) of IPC. There are two accused, in which the petitioner has been arrayed as second accused. Since the trial is pending from the year 2013, this Court is not inclined to
quash the proceedings. However, the petitioner is at liberty to raise all the points before the trial Court.
3.Considering the case is of the year 2013, it would be appropriate to fix the time limit to complete the trial. Accordingly, the learned Judicial Magistrate, Dharapuram is directed to complete the trial proceedings within a period of three months from the date of receipt of a copy of this order.
4.With the above direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
pam
To
1. The Judicial Magistrate Court,
Dharapuram.
2. - do - Through The Chief Judicial Magistrate,
Thiruppur District.
3. The Inspector of Police,
Dharapuram Police Station,
Tirupur District.
Crime No.10/2011
4. The Public Prosecutor,
High Court, Madras.
CRL.OP.No.4373 of 2019 and CRL.M.P.No.2635 of 2019 EV(CO) SSM(22/03/2019).
1 issue framed by the court
Whether the charge sheet under Sections 420, 409 IPC should be quashed.
1 provisions across 1 enactments
K.Karthik
The State
S.Senthil Kumar
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
