Dismissed

Kalaivannan @ Kalai v. State Rep by

Madras HC6 Jun 2023CRL OP/14293/2021

Case brief

AI extract

What is this about?

The Court rejected the petition seeking quashing of the charge sheet, holding that factual allegations require trial adjudication. However, the Court directed the trial court to expedite the proceedings to assist the petitioner in enrolling as a lawyer.

What did the court decide?

The Criminal Original Petition filed under Section 482 CrPC and connected miscellaneous petition were dismissed. The trial court directed to expedite the trial within six months.

Kalaivannan @ Kalai Vs State Rep by — Quashing and FIR | Madras HC (2023)

¶1

Crl OP No. 14293 / 2021

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 06.06.2023

¶4

CORAM :

¶5

THE HONOURABLE MR. JUSTICE SUNDER MOHAN

¶6

Criminal Original Petition No. 14293 of 2021

¶7

and

¶8

Crl.M.P. No. 7803 of 2021

¶9

Kalaivannan @ Kalai ... Petitioner

¶10

Versus

¶11

1. The State rep., by its, The Inspector of Police, Pooneri Police Station, Tiruvallur District. (Crime No. 202 of 2016)

¶12

2.Chandrasekaran ... Respondents

¶13

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code seeking to call for the records of charge sheet filed in P.R.C. No. 6 of 2021 on the file Judicial Magistrate No.1, Ponneri and quash the same as illegal.

¶14

For Petitioner : Mr. S. Sarath Chandran.

¶15

For Respondents : Mr. A. Damodaran, Additional Public Prosecutor for R1.

¶16

https://www.mhc.tn.gov.in/judis

¶17

1/5

¶18

Crl OP No. 14293 / 2021

¶19

O R D E R

¶20

The petition is to quash the final report in P.R.C. No. 202 of 2016

¶21

for the offence under Sections 147, 148, 294(b), 337, 333, 506(ii), 307 &

¶22

109 of the Indian Penal Code.

¶23

2.It is alleged that the petitioner along with the co-accused attacked the defacto complainant.

¶24

3.The learned counsel for the petitioner submitted that the petitioner has been falsely implicated and the allegations against him do not attract any of the offences alleged. The learned counsel further submitted that the petitioner is a law graduate and he is unable to enroll himself as a lawyer in view of the pending prosecution.

¶25

4.The learned Additional Public Prosecutor would further submit

¶26

that there are allegations against the petitioner and the matter has to be adjudicated only before the trial Court. He further submitted that the P.R.C. No.202 of 2016 has been committed into S.C. No.62 of 2021 on the file of the Additional District and Sessions Judge, Ponneri.

¶27

https://www.mhc.tn.gov.in/judis

¶28

2/5

¶29

Crl OP No. 14293 / 2021

¶30

5.This Court finds that the points raised by the petitioner are

¶31

factual in nature and has to be adjudicated only before the trial Court. In view of the submissions made by the learned counsel for the petitioner that due to the pendency of this case, the petitioner is unable to enroll himself as an advocate, this Court is of the view that the learned Additional District and Sessions Judge, Ponneri may expedite the trial in the above case and in any event complete it preferably within a period of six months from the date of receipt of a copy of this order.

¶32

6.With these observations, this Criminal Original Petition is

¶33

dismissed. Consequently, the connected miscellaneous petition is closed.

¶34

06.06.2023

¶35

ay Index: Yes/No

¶36

Speaking Order / Non-Speaking Order Neutral Citation: Yes / No

¶37

¶38

1. The Inspector of Police, Pooneri Police Station,

¶39

https://www.mhc.tn.gov.in/judis

¶40

3/5

¶41

Crl OP No. 14293 / 2021

¶42

Tiruvallur District.

¶43

2. The Judicial Magistrate No.I, Ponneri.

¶44

SUNDER MOHAN, J

¶45

¶46

3. The Additional District and Sessions Judge, Ponneri.

¶47

The Additional Public Prosecutor, High Court of Madras, Chennai.

¶48

Crl.O.P. No.14293 of 2021 and Crl.M.P. No. 7803 of 2021

¶49

https://www.mhc.tn.gov.in/judis

¶50

4/5

¶51

Crl OP No. 14293 / 2021

¶52

Dated: 06.06.2023

¶53

https://www.mhc.tn.gov.in/judis

¶54

5/5

Kalaivannan @ Kalai v. State Rep by

Case brief

What is this about?

What did the court decide?

Kalaivannan @ Kalai v. State Rep by

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

Case details

Similar cases

M.Sakthivel Vs State Rep by

V.K.Tamilmani Vs the State, Rep.by

Aravindh Vs K.P.Textiles (Coimbatore) Pvt. Ltd.

Anitha Vs the State Rep.by

R.Ramamurthi Vs State Rep by

K.Elangovan Vs State Rep by