The High Court dismissed a petition to quash a 2014 charge sheet because the trial had commenced and witnesses were examined. However, the trial court was directed to complete the trial within three months.
Dismissal of CRL.O.P.; Direction to complete trial within three months; Closure of connected petitions.
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.
CRL.O.P.(MD).No.12677 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2019 CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
CRL.O.P.(MD).No.12677 of 2019 and CRL.M.P.(MD)Nos.7878 and 7879 of 2019
A.Rajendran ... Petitioner/Sole Accused Vs.
1.The Sub-Inspector of Police, Pappanadu Police Station, Thanjavur District. (Crime No.11 of 2012) ... Respondent/Complainant 2.Sathasivam ... Respondent/Defacto Complainant
PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records relating to the impugned charge sheet in C.C.No.240 of 2014 on the file of the District Munsif cum Judicial Magistrate Court, Orathanadu, Thanjavur District and quash the same.
For Petitioners : Mr.K.Suresh Kumar For R1 : Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal Side)
O R D E R
This Criminal Original Petition has been filed to quash the charge sheet in C.C.No.240 of 2014, on the file of the District Munsif cum Judicial Magistrate Court, Orathanadu, Thanjavur District, for the offence taken cognizance under Sections 294(a), 294(b), 352 and 506(ii) IPC.
2.Today, when the matter is taken up for hearing, the learned Government Advocate (Criminal Side) would submit that the Charge sheet is of the year 2014 and the trial has been commenced and the prosecution has examined witnesses 1 to 5, though some of the witnesses turned hostile and it is posted for investigation officer's witness on 14.10.2019.
3.In view of the above said submission, the entire proceedings cannot be quashed at this stage. Hence, this Criminal Original Petition is dismissed.
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CRL.O.P.(MD).No.12677 of 2019
4.However, the learned District Munsif cum Judicial Magistrate Court, Orathanadu, Thanjavur District is directed to complete the trial in C.C.No.240 of 2014, within a period of three months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar
// True Copy //
Sub Assistant Registrar(CS)
To
1.The District Munsif cum Judicial Magistrate, Orathanadu, Thanjavur District. 2.The Sub-Inspector of Police, Pappanadu Police Station, Thanjavur District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.K.SURESHKUMAR, Advocate SR-86415. CRL.O.P.(MD).No.12677 of 2019 and CRL.M.P.(MD)Nos.7878 and 7879 of 2019 12.09.2019 CS(30.09.2019) 2P 5C
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2 issues framed by the court
Whether the criminal proceedings initiated under Sections 294(a), 294(b), 352 and 506(ii) IPC by filing a charge sheet can be quashed at this stage given that the trial has commenced and witnesses hav
Whether the Connected Miscellaneous Petitions should be closed.
2 provisions across 2 enactments
A.Rajendran
The Sub-Inspector of Police, Pappanadu Police Station, Thanjavur District
Sathasivam
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
