The Court quashed criminal proceedings in a case pending since 2017 where summons could not be served on several accused persons who had relocated. Considering the long delay and lack of progress, the Court held no useful purpose would be served in continuing the case.
Proceedings in C.C.No.112 of 2017 quashed in entirety; connected miscellaneous petitions closed.
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Crl.O.P.No.19868 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.09.2023
CORAM :
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.19868 of 2023
and Crl.M.P.Nos.13456 and 13458 of 2023
R.Selvam
.. Petitioner
Versus
Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the charge sheet filed in C.C.No.112 of 2017 pending on the file of the learned Judicial Magistrate No.II, Pondicherry insofar as the petitioner / accused No.13 is concerned.
For Petitioner : Mr.K.Gandhi Kumar
For Respondents : Mr.M.V.Ramachandra Murthy, Additional Public Prosecutor (Pondicherry), for R1
ORDER
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Crl.O.P.No.19868 of 2023
This petition has been filed challenging the proceedings in C.C.No.112 of 2017 pending on the file of the learned Judicial Magistrate No.II, Pondicherry.
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directed the learned Judicial Magistrate No.II, Puducherry to submit a report since the case has been pending from the year 2017 onwards without any progress. Accordingly, the learned Judicial Magistrate No.II, Puducherry has submitted a report before this Court.
able to be served only on A1 to A20 and they were appearing before the Court. However, insofar as A21 to A27 are concerned, the Police are not able to trace their present address and they have all relocated at different places. Various reminders were sent to locate the whereabouts of A21 to A27 and it is yet to be ascertained. In view of the same, the case is pending at the stage of service of summons to the accused persons and there has been absolutely no progress in the case from the year 2017 onwards.
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of 2017 pending on the file of the learned Judicial Magistrate No.II, Pondicherry is quashed in its entirety and this Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed.
25.09.2023
Index : yes/no Speaking order/Non-speaking order
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Neutral Citation : yes/no grs
To
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Crl.O.P.No.19868 of 2023
N.ANAND VENKATESH, J.
grs
Crl.O.P.No.19868 of 2023 and Crl.M.P.nos.13456 and 13458 of 2023
25.09.2023
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2 issues framed by the court
Whether the proceedings in a case pending since 2017 with inability to trace accused persons can be quashed under Section 482 CrPC.
Whether continuing proceedings in an 8-year-old case involving student accused serves any useful purpose.
1 provisions across 1 enactments
R. Selvam
State represented by Inspector of Police, Kalapet Police Station, Puducherry
Tasneem Abbasi
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
