Disposed

R.Devaram v. the Disignated Officer

Madras HC29 Jul 2021CRL OP/28749/2018

Case brief

AI extract

What is this about?

The High Court disposed of two Criminal Original Petitions filed under Section 482 Cr.P.C. to quash summon complaint cases. The Court held factual grounds require evidence appreciation beyond its jurisdiction under Section 482. It directed the trial court to expedite the trial and dispensed with the petitioners' appearance except for receiving copies, framing charges, Section 313 Cr.P.C., and judg

What did the court decide?

Directed the trial court to dispose of S.T.C.Nos.442 and 443 of 2018 expeditiously and dispensed with the appearance of petitioners except for receiving copies, framing of charges,Section 313 Cr.P.C.,

R.Devaram Vs the Disignated Officer — Civil Procedure and Limitation | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 29.07.2021

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CORAM

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI

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Crl.O.P.Nos.28749 & 28755 of 2018 and Crl.M.P.Nos.16778 & 16779 of 2018

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R.Devaram .. Petitioner in Crl.O.P.No.28749 of 2018 D.Prakash .. Petitioner in Crl.O.P.No.28755 of 2018

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Vs.

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The Designated Officer, The food safety and Drugs Control Dept, Office of the food safety and standard authority, B-Block, 2nd Floor, Collectorate Building, Vellore District.

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.. Respondent in both Crl.O.Ps.

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PRAYER in Crl.O.P.No.28749 of 2018 : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the complaint in STC.No.443 of 2018 on the file of the Judicial Magistrate, Vaniyambadi, Vellore District.

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Prayer in Crl.O.P.No.28755 of 2018 : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the complaint in STC.No.442 of 2018 on the file of the Judicial Magistrate, Vaniyambadi, Vellore District.

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For Petitioners : Mr.S.Gopinathan

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O R D E R

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The petitioners have filed these petitions seeking to call for the records and quash the complaint in STC.Nos.442 and 443 of 2018 on the file of the Judicial Magistrate, Vaniyambadi, Vellore District.

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The grounds raised by the counsel for the petitioners 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 petitioners to raise all the grounds before the Court and the same shall be considered on its own merits and

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

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in accordance with law. This Court is not inclined to interfere with the proceedings pending before the Court below.

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It is represented by the learned counsel appearing for the petitioners 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 petitioners before the Trial Court may be dispensed with.

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Accordingly, these petitions are disposed of directing the trial court to dispose of S.T.C.Nos.442 and 443 of 2018, as expeditiously as possible as per seniority of the case. The petitioners 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(LA)

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//True Copy//

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Sub Assistant Registrar

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The Designated Officer,

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The food safety and Drugs Control Dept,

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Office of the food safety and standard authority, B-Block, 2nd Floor, Collectorate Building, Vellore District.

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The Judicial Magistrate, Vaniyambadi, Vellore District.

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Crl.O.P.Nos.28749 & 28755 of 2018

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GP(CO)

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HS(31/08/2021)

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

R.Devaram v. the Disignated Officer

Case brief

What is this about?

What did the court decide?

R.Devaram v. the Disignated Officer

Case brief

What is this about?

What did the court decide?

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