Disposed

Harish Sehgal v. Drugs Inspector, Thiruvallur

Madras HC28 Oct 2021CRL OP/23489/2018

Case brief

AI extract

What is this about?

The High Court dismissed the petition to quash criminal proceedings, holding that the issues are triable. The court directed the lower trial court to complete the trial expeditiously and permitted the petitioner to be excused from earlier appearances, requiring presence only for specific trial stages.

What did the court decide?

Petition dismissed; trial court directed to expedite trial; petitioner's appearance directed only for charge framing, Section 313 Cr.P.C., and judgment.

Harish Sehgal Vs Drugs Inspector, Thiruvallur — Criminal Trial and Appeal | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 28.10.2021

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CORAM

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI

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CRL.O.P.NO.23489 OF 2018
AND

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CRL.M.P.NO.13177 OF 2018

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Harish Sehgal

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.. Petitioner/Accused No.3

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Vs.

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The Drugs Inspector,
Thiruvallur Range I/c.
Office of the Assistant Directr of Drugs Control,
Thiruvallur Zone, No.201, JN Road,
Thiruvallur-1.

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.. Respondent/Complainant

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Prayer: Petition filed under Section 482 of Cr.P.C., to call for
the entire records and quash the proceedings in C.C.No.160 of
2015 pending on the file of the learned chief Judicial
Magistrate, Thiruvallur against the petitioner herein.

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For Petitioners : Dr.V.Venkatesan

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For Respondent : Mr.C.E.Pratap
 Public Prosecutor

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O R D E R

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The petitioner has filed this petition seeking to call
for the entire records in C.C.No.160 of 2015, on the file of the
learned Chief Judicial Magistrate, Thiruvallur and quash the
same.

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

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2. Though several grounds have been raised by the learned
counsel for the petitioner, however, this Court is of the
opinion the issue is a triable issue and 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 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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3.It is represented by the learned counsel appearing for
the petitioner that this Court may issue a direction to the
Trial Court to expedite the trial and complete the same as early
as possible. He would further submit that the appearance of the
petitioner before the Trial Court may be dispensed with.

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4. Accordingly, this petition is disposed of directing
the trial court to dispose of C.C. No.160 of 2015 as
expeditiously as possible as per seniority of the case. The
petitioner and respondent are directed to co-operate with the
trial court for the early completion of trial. Further, taking
into consideration the request as made by the learned counsel
for the petitioner, his appearance before the trial court is
dispensed with except for their appearance for the purpose of
receiving the copy of the proceedings u/s 207 Cr.P.C., framing
of charges, questioning under Section 313 Cr.P.C. and on the day
on which judgment is to be pronounced. However, if for any
particular reason, the presence of the petitioners is necessary,
the trial court, at its wisdom, shall direct their appearance on
those days. Consequently, connected miscellaneous petitions, if
any, are closed.

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Sd/-

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Assistant Registrar(CS-VIII)

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// True Copy //

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Sub Assistant Registrar

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rli

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

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To

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1. The Drugs Inspector, Thiruvallur Range I/c.

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 Office of the Assistant Directr of Drugs Control,
 Thiruvallur Zone, No.201, JN Road,
 Thiruvallur-1.

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2. The Chief Judicial Magistrate, Thiruvallur

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3. The Public Prosecutor, High Court of Madras, Chennai 600 104.

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Crl.O.P.No.23489 of 2018
and
Crl.M.P.No.13177 of 2018

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AK-II(CO)
RLP(24/11/2021)

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

Harish Sehgal v. Drugs Inspector, Thiruvallur

Case brief

What is this about?

What did the court decide?

Harish Sehgal v. Drugs Inspector, Thiruvallur

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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