J. Dhandapani closed a Crl.O.P. filed under Section 482 Cr.P.C. to quash a complaint, holding that the underlying trial proceedings were dismissed due to the non-appearance of the complainant during the pendency, leaving nothing to adjudicate.
Criminal Original Petition closed; liberty granted to defacto complainant to work out remedy.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.10.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
CRL.O.P.NO.29017 OF 2018 AND CRL.M.P.NO.16958 OF 2018
... Petitioners/Accused 1 & 2
.Vs.
... Respondent
PRAYER:-
This Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records and quash the complaint lodged by the first respondent in CC.No.5391 of 2017, on the file of the 5th Metropolitan Magistrate, Egmore, Chennai against the petitioners.
For Petitioners : M/s.Sarvabhauman Associates
ORDER
The petitioners have filed this petition to quash the complaint lodged by the first respondent in CC.No.5391 of 2017, on the file of the learned 5th Metropolitan Magistrate, Egmore, Chennai against them.
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
rli
To
+1cc to M/s.Sarvabhauman Associates, Advocate, S.R.No.54012
CRL.O.P.NO.29017 OF 2018 AND CRL.M.P.NO.16958 OF 2018
BR(CO) PBS/17/11/2021
1 issue framed by the court
Whether proceedings underlying quashing petition having been dismissed, the quashing petition survives for adjudication.
1 provisions across 1 enactments
M/s. Southern Comfort, Rep. by its Proprietor, Mr. Noor Mohammed S/o, Abdul Khader Abdul Kani
Noor Mohamed
Abdul Rasheed Basudeen
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
