Dismissed

Thangayyan, M/A.52 Yrs v. Pandian

Madras HC8 Nov 2021CRL OP/12953/2017

Case brief

AI extract

What is this about?

The High Court dismissed a criminal original petition seeking quashment of a complaint. The court held that the grounds were factual and required evidence appreciation, which is beyond its scope. It directed the lower court to complete proceedings within three months.

What did the court decide?

Criminal Original Petition dismissed with a direction to the lower court to complete proceedings within three months.

Thangayyan, M/A.52 Yrs Vs Pandian — Criminal Trial and Appeal | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.11.2021

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CORAM

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THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

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Crl.O.P.No.12953 of 2017 and Crl.M.P.No.8429 of 2017

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Thangayyan ... Petitioner/Accused

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.Vs.

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Pandian

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... Respondent/Complainant

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PRAYER:-

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Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records and quash the complaint in STC No.208 of 2015 on the file of the Judicial Magistrate No.I, Chidambaram.

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For Petitioner : Mr.D.Baskar

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ORDER

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This petition has been filed to quash the complaint in STC No.208 of 2015 on the file of the Judicial Magistrate No.I, Chidambaram.

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The grounds raised by the counsel for the petitioner are all factual in nature and it requires appreciation of evidence and this Court cannot decide the same in exercise of its jurisdiction under Section 482 of Criminal Procedure Code. It is left open to the petitioner to raise all the grounds before the Court below and the same shall be considered on its own merits and in accordance with law. This Court is not inclined to interfere with the proceedings pending before the Court below.

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Accordingly, this Criminal Original Petition is dismissed with a direction to the Court below to complete the proceedings in STC No.208 of 2015 on the file of the Judicial Magistrate

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https://hcservices.ecourts.gov.in/hcservices/

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No.I, Chidambaram within a period of three months from the date of receipt of a copy of this order . Consequently, the connected miscellaneous petition is closed.

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Recording the same, this Criminal Original Petition is

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dismissed.

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Sd/-

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Assistant Registrar(CS IX)

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//True Copy//

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Sub Assistant Registrar

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msv

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The Judicial Magistrate-I, Chidambaram.

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-do- Thro The Chief Judicial Magistrate, Cuddalore.

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+1cc to Mr.D.Baskar, Advocate, S.R.No.57780

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CRL.O.P.NO.12953 OF 2017 AND CRL.M.P.NO.8429 OF 2017

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VG-II(CO) PBS/03/12/2021

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https://hcservices.ecourts.gov.in/hcservices/

Thangayyan, M/A.52 Yrs v. Pandian

Case brief

What is this about?

What did the court decide?

Thangayyan, M/A.52 Yrs v. Pandian

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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