Dismissed

Bharathiraja, v. P.Prabhu

Madras HC14 Dec 2021CRL OP(MD)/3592/2019

Case brief

AI extract

What is this about?

This court dismissed a criminal original petition filed under Section 482 Cr.P.C. seeking to quash a criminal complaint. The petition was declared infructuous as the lower court had already dismissed the complaint for non-appearance and non-payment of process fee, ordering the accused's acquittal.

What did the court decide?

The Criminal Original Petition was dismissed as infructuous and the connected Miscellaneous Petition was closed.

Bharathiraja, Vs P.Prabhu — Quashing and FIR | Madras HC (2021)

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CRL.O.P.(MD).No.3592 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 14.12.2021 CORAM

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THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

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CRL.O.P.(MD).No.3592 of 2019 and CRL.MP.(MD)Nos.2056 and 2057 of 2019

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Bharathiraja : Petitioner/Sole Accused Vs. P.Prabhu : Respondent/Complainant

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PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records relating to the case in S.T.C.No.18 of 2019 on the file of the learned Judicial Magistrate Fast Track Court, Magisterial Level, Pattukottai and quash the same as illegal.

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ORDER

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The Criminal Original Petition is filed seeking orders to quash the case in S.T.C.No.18 of 2019 on the file of the Judicial Magistrate Fast Track Court, Magisterial Level, Pattukottai.

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When the matter was taken up for hearing on 08.12.2021, the learned counsel for the petitioner submitted that the case in S.T.C.No.18 of 2019, itself has already dismissed for default and the learned counsel for the petitioner sought time to produce the copy of the order.

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3.Today (i.e.14.12.2021) when the matter is taken up for hearing, the learned counsel for the petitioner has filed a copy of the judgment passed in S.T.C.No.18 of 2019, dated 20.06.2019, whereunder, the learned Magistrate has dismissed the complaint for non-appearance of the complainant and for non payment of process fee under Sections 256(i) and 204(4) Cr.P.C and the accused was ordered to be acquitted.

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Recording the above, this Criminal Original Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is closed.

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Assistant Registrar (Records)

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// True Copy //

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das

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

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CRL.O.P.(MD).No.3592 of 2019

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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1.The Judicial Magistrate,Fast Track Court, Magisterial Level,Pattukottai

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+1 CC to M/s.G.ARAVINTHAN, Advocate ( SR-38723[F] dated 15/12/2021 ) CRL.O.P.(MD).No.3592 of 2019 and CRL.MP.(MD)Nos.2056 and 2057 of 2019 14.12.2021

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MGJ(29.12.2021) 2P 3C

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

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Bharathiraja, v. P.Prabhu

Case brief

What is this about?

What did the court decide?

Bharathiraja, v. P.Prabhu

Case brief

What is this about?

What did the court decide?

What the court decided

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