The High Court of Madras dismissed a petition seeking quashing of criminal proceedings due to alleged delay in registration. The court held that the matter of delay is a valuable defence for the accused to plead before the trial court.
Petition dismissed; connected miscellaneous petitions closed; trial directed to proceed.
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: 05.04.2022
CORAM:
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
Crl.O.P.No.33058 of 2019
and
Crl.M.P.Nos.18226 & 18227 of 2019
K.Chandran ... Petitioner
Vs.
1.State of Tamil Nadu
Rep.by the Inspector of Police Cherambadi Police Station Cherambadi 643 205 Nilgiris District.
2.Union of India
Rep.by the Superintendent of Police Officer, Nilgiris Division Nilgiris 643 001. ... Respondents
PRAYER: Criminal Original Petition has been filed under Section 482 of Cr.P.C, praying to call for the records and to quash the proceeding in C.C.No.11 of 2019 in Crime No.75 of 2013 on the file of the Judicial Magistrate Court, Pandalur.
For Petitioner : Mr.R.Malaichamy
For Respondents : Mr.R.Vinothraja for R1 Government Advocate (Crl.Side)
ORDER
This petition has been filed to call for the records and to quash the proceeding in C.C.No.11 of 2019 in Crime No.75 of 2013 on the file of the Judicial Magistrate Court, Pandalur.
12.05.2006. There was a delay of 7 years. Therefore, the case is affected by the Limitation Act. Further, he would submit that the petitioner was permitted to retire by the Postal Department. Therefore, he seeks to quash the charge sheet. He already filed a petition to quash the First Information Report, but the same was dismissed as withdrawn since the charge sheet has been laid before the trial Court.
5.In the light of the above, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petitions are closed. The learned Judicial Magistrate Court, Pandalur, is directed to proceed with the trial and dispose of it within a period of two months from the date of receipt of a copy of this order.
SD/-
ASSISTANT REGISTRAR
// TRUE COPY //
SUB ASSISTANT REGISTRAR
dna
To
4.The Public Prosecutor, High Court, Madras.
+1cc to Mr.R.Malaichamy, Advocate Sr.23118
Crl.O.P.No.33058 of 2019 and Crl.M.P.Nos.18226 & 18227 of 2019
svi[co] srg 27/04/2022
2 issues framed by the court
Whether the trial court can proceed with the case despite a delay in registration of the offence.
Whether the alleged delay constitutes a valid ground to quash criminal proceedings under Section 482 Cr.P.C.
1 provisions across 1 enactments
K.Chandran
State of Tamil Nadu
Union of India
Sathi Kumar Sukumara Kurup
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
