Disposed

Padmanabhan (58 Years) v. the State Rep. by Its

Madras HC3 Dec 2021CRL OP/19826/2017

Case brief

AI extract

What is this about?

The High Court disposed of a criminal original petition under Section 482 Cr.P.C. seeking to quash proceedings. The court relieved the petitioners of mandatory personal appearance but directed them to be represented by a lawyer for cross-examination, ultimately quashing or allowing the petition without an express quashing order in the text.

What did the court decide?

Appearance of petitioners in the trial court dispensed with; they must be represented by counsel for cross-examination.

Padmanabhan (58 Years) Vs the State Rep. by Its — Civil Procedure and Limitation | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATE: 03.12.2021

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CORAM

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THE HONOURABLE MR.JUSTICE N.SATISH KUMAR

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Crl.O.P.No.19826 of 2017 &

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Crl.M.P.Nos.11955 & 11956 of 2017

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Padmanabhan S/o.Nataraja Pillai 2. Tamizh S/o. Padmanaban

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... Petitioners Vs. 1. The State Represented by the Inspector of Police, District Crime Branch, Thiruvallur. 2. S.Varadharajan

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... Respondents

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Prayer:Criminal Original Petition filed under Section 482 Cr.P.C to quash the proceedings in C.C.No.112 of 2017 pending on the file of learned District Munsif-cum-Magistrate, Uthukottai.

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For Petitioners : Mr.B.Manimaran

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For Respondents : Mr.S.Vinoth Kumar Government Advocate(Crl.side) for R1 : Mr.R.Karthikeyan for R2

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ORDER

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This petition has been filed to quash the proceedings C.C.No.112 of 2017 pending on the file of learned District Munsif-cum-Magistrate, Uthukottai for the offences under Sections 406, 420 and 506 IPC.

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2. Heard the learned counsel for the petitioners, the

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

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learned Government Advocate (Crl.side) appearing on behalf of the first respondent and learned counsel for the second respondent.

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3.Though several grounds have been raised in the complaint, the main contention put forth by the learned counsel for the petitioners is that the complaint has not been initiated by an Authorized person. Therefore, this Court posed a question with regard to the maintainability of the petition.

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The learned counsel appearing for the petitioners fairly submitted that the petitioners are ready to face the trial and the petitioners' appearance before the Trial Court may be dispensed with.

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Recording the submissions made by the learned counsel appearing for the petitioners, the presence of the petitioners before the trial Court is dispensed with, except for receiving copies, answering the charges, questioning under Section 313 Cr.P.C., or on any other date as may be required by the trial Court. The petitioners shall be represented by a counsel, who shall cross examine the witnesses on the same day, when they are examined in Chief.

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Accordingly, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petitions are closed.

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Sd/-

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Assistant Registrar(CO)

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//True Copy//

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Sub Assistant Registrar

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gpa/gba

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1. The District Munsif cum Magistrate, Uthukottai.

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2. The Inspector of Police, District Crime Branch, Thiruvallur.

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

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3. The Public Prosecutor, High Court, Madras.

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+1cc to Mr.R.Karthikeyan, Advocate, S.R.No.63382

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Crl.O.P.No.19826 of 2017 & Crl.M.P.Nos.11955 & 11956of 2017

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PA(CO) SU(21/12/2021)

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

Padmanabhan (58 Years) v. the State Rep. by Its

Case brief

What is this about?

What did the court decide?

Padmanabhan (58 Years) v. the State Rep. by Its

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

Coram

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