Disposed

M/S.Rajkumar Impex Pvt., Ltd., v. M/S.Exide Industries Ltd.

Madras HC24 Aug 2021CRL OP/5950/2018

Case brief

AI extract

What is this about?

The High Court declined to quash CC.No.111 of 2017 under Section 482 Cr.P.C. as grounds were factual. The court directed the Judicial Magistrate, Hosur, to dispose of the pending discharge petition within three months and disposed of the petition.

What did the court decide?

Direction to the trial court to dispose of the discharge petition within three months; petition disposed of.

M/S.Rajkumar Impex Pvt., Ltd., Vs M/S.Exide Industries Ltd. — Quashing and FIR | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 24.08.2021

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CORAM

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI

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Crl.O.P.No.5950 of 2018 and Crl.M.P.No.2993 of 2018

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M/s.Rajkumar Impex Pvt. Ltd., No.119, 4th Floor, St. Mary's Road, Abiramapuram, Chennai. Rep. by the Director, Jai Rajkumar

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Venkatesan Rajkumar

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Jai Rajkumar

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...Petitioners

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Vs.

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M/s.Exide Industries Ltd., Survey no.246, Chirchurakanpalli Sevaganapalli Panchayat, Hosur Taluk, Krishnagiri District.

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Rep. by its Regional Manager-Administration, K.Saravanan S/o.R.kannan

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Navins Presidium, 4th Floor, A Blocl 103 A Nelson Manickam Road, Chennai-29. ...Respondent

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Prayer: Petition filed under Section 482 of Cr.P.C., to call for the records relating to the CC.No.111 of 2017 on the file of the leaned Judicial Magistrate-I, Hosur, and quash the same as far as the petitioner is concerned.

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For Petitioners : Mr.I.Abrar MD Abdullah

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For Respondent : Mr.Jayesh Dolia For M/s.Aiyar and Dolia

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

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O R D E R

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The petitioners have filed this petition seeking to call for the records and to quash the proceedings in CC.No.111 of 2017 on the file of the leaned Judicial Magistrate-I, Hosur.

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The learned counsel for the petitioner submitted that the petitioners/accused 2 to 4 have filed discharge petition before the above said Court and he requested this Court to issue direction to the trial Court to dispose of the said discharge petition filed by the petitioners within a stipulated time.

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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 concerned Court during the trial 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 on the file of the leaned Judicial Magistrate-I, Hosur.

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In view of the above, this Court directs the leaned Judicial Magistrate-I, Hosur to expedite the trial in discharge petition dated 14.02.2020 in CC.No.111 of 2017 and dispose of the same within a period of three months from the date of receipt of a copy of this order.

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5.With the above directions, this criminal original petition is disposed of. Consequently, connected miscellaneous petitions are closed.

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Sd/Assistant Registrar(CS-V)

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//True Copy//

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Sub Assistant Registrar

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rli

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The Judicial Magistrate-I, Hosur

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+1cc to M/s.Aiyar and Dolia, Advocate, S.R.No.42766

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Crl.O.P.No.5950 of 2018 and Crl.M.P.No.2993 of 2018

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LN(CO) RGA(24/09/2021)

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

M/S.Rajkumar Impex Pvt., Ltd., v. M/S.Exide Industries Ltd.

Case brief

What is this about?

What did the court decide?

M/S.Rajkumar Impex Pvt., Ltd., v. M/S.Exide Industries Ltd.

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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