Dismissed

Mahendran, Age 50 v. State by

Madras HC17 Sept 2019CRL OP/9762/2018

Case brief

AI extract

What is this about?

The High Court declined to quash the charge sheet filed in P.R.No.1 of 2018, observing that the final report statements might attract offences. The petitioners were directed to establish innocence during trial, and the lower court was ordered to complete committal proceedings within two months.

What did the court decide?

The Criminal Original Petition seeking quashment was dismissed; the lower court was directed to complete committal proceedings within two months.

Mahendran, Age 50 Vs State by — Quashing and FIR | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17.09.2019

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CORAM

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THE HONOURABLE MR. JUSTICE M.S. RAMESH

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Crl.O.P.No.9762 of 2018 and Crl.MP.Nos.5009 & 5010 of 2018

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Mahendran

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Manickam

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Kamalakannan

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...Petitioners

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State rep.by The Inspector of Police, Ammapet Police Station, Salem District.

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Selvam ...Respondents

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PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for records and quash the charge sheet in P.R.No.1 of 2018 pending on the file of Judicial Magistrate No.V, Salem District.

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For Petitioner : Mr.S.Ayyathurai, Senior Counsel for Mr.Karan and Uday

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For Respondents: Mr.C.Iyyapparaj

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Additional Public Prosecutor for R1 Ms.Saitanya Kesan for R2

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This Criminal Original Petition has been filed to call for records and quash the charge sheet in P.R.C.No.1 of 2018 pending on the file of Judicial Magistrate No.V, Salem District.

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Though various grounds have been raised in the petition to quash the charge sheet in P.R.C.No.1 of 2018, this Court is of the view that the statements made in the final report may attract some of the offences in the final report and therefore, quash of proceedings at this stage is not required. Nevertheless, it is always open to the petitioners herein to establish their innocence before the Court below at the time of trial.

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It is further seen that the committal proceedings in the final report is yet to be completed.

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In the light of the above observations, learned Judicial Magistrate No.V, Salem District, will make endeavour to complete the committal proceedings as expeditiously as possible, in any event, within a period of two months from the date of receipt of a copy of this order. Therefore, no further interference is required to the charge sheet in P.R.C.No.1 of 2018 pending on the file of Judicial Magistrate No.5, Salem District.

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Accordingly, this Criminal Original Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

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s/d-

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Assistant Registrar(CS VI)

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True Copy

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Sub-Assistant Registrar

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1.The Judicial Magistrate No.V Salem District.

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2.The Inspector of Police, Ammapet Police Station, Salem District.

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The Additional Public Prosecutor, High Court of Madras.

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+1 CC to Mr.A.E. Ravichandran, Advocate sr 80378

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Crl.O.P.No.9762 of 2018 and Crl.MP.Nos.5009 & 5010 of 2018

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RP(CO) SP(25/09/2019)

Mahendran, Age 50 v. State by

Case brief

What is this about?

What did the court decide?

Mahendran, Age 50 v. State by

Case brief

What is this about?

What did the court decide?

What the court decided

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