This criminal appeal challenged an order dismissing a private complaint under Section 200 Cr.P.C. The High Court allowed the appeal, set aside the dismissal, and remanded the matter to the trial court with directions to proceed within six months.
Order of dismissal set aside; case remanded to trial court to proceed within six months.
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.
Crl. A. No.695 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.10.2022
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
Crl.A. No.695 of 2022
M/s.K.K.Granitile Marketing Rep. by its Proprietor Mr.Gaurav Rajmal Tated S/o.Rajmal Gomchand Tated Aged about 37 years No15/16, Devangapet Street No.2 Near Flower Market Shivan Temple Adjacent Lane Coimbatore - 641 001
Rep. by its Special Power of Attorney Holder Mr.Rajmal Gomchand Tated S/o.Gomchand Tated Aged about 60 years D.No.199-2, Ward No.47 Sukrawarpet, Coimbatore - 641 001
.. Appellant
Vs
1.M/s.N.S.R.Tiles and Granites Rep. by its Proprietor Smt.Sudha W/o.Suresh Kumar No.8/1702E, Thiru Nagar Sadhasivam Avenue P.N.Road, Near Reliance Petrol Bunk Pooluvappatti Post Tiruppur - 641 602
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Crl. A. No.695 of 2022
2.Smt.Sudha W/o.Suresh Kumar Proprietor M/s.N.S.R.Tiles and Granites No.8/1702E, Thiru Nagar Sadhasivam Avenue P.N.Road, Near Reliance Petrol Bunk Pooluvappatti Post Tiruppur - 641 602 .. Respondents
Prayer : Criminal Appeal filed under Section 378(4) of the Criminal Procedure Code to set aside the order of acquittal dated 07.01.2020 made in C.C. No.26 of 2020 on the file of the learned Judicial
Magistrate Fast Track Court No.1 @ Magisterial Level, Coimbatore.
For Appellant : Mr.S.Suresh For Respondents : No Appearance
JUDGMENT
This appeal arising out of the dismissal of the private complaint under Section 200 of the Criminal Procedure Code. Though notice was served to the respondents, none appears for respondents.
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Crl. A. No.695 of 2022
the materials available on record.
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Crl. A. No.695 of 2022
Magistrate Fast Track Court No.1 @ Magisterial Level, Coimbatore, on 31.10.2022 and proceed further in accordance with Law. The complainant is also directed to file his proof affidavit on that date and proceed further. The learned trial Judge is directed to proceed with the complaint in accordance with Law and directed to complete the proceedings and dispose of the complaint, within a period of six months from the date of receipt of a copy of this judgment.
11.10.2022 Index : Yes/No Internet : Yes Asr
To
The Judicial Magistrate Fast Track Court No.1 @ Magisterial Level, Coimbatore
Note to office:
Issue Judgment copy on 12.10.2022.
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Crl. A. No.695 of 2022
P.VELMURUGAN, J.
Asr
Crl.A. No.695 of 2022
Dated : 11.10.2022
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1 issue framed by the court
Whether the order of dismissal of private complaint for non-appearance of complainant warrants interference in a criminal appeal filed under Section 378(4) Cr.P.C.
3 provisions across 1 enactments
M/s.K.K.Granitile Marketing
M/s.N.S.R.Tiles and Granites
Smt.Sudha W/o.Suresh Kumar
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
