The High Court dismissed a Crl.O.P. filed to quash an FIR under Section 482 CrPC. Since the final report/charge sheet was filed, the Court directed the trial Court to dispose of the case within four months to ensure speedy justice.
Directing the trial Court to dispose of the case within four months from the date of receipt of the order.
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.O.P.(MD)No.2777 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.07.2023
CORAM
THE HON'BLE MR.JUSTICE P.DHANABAL
Crl.O.P.(MD)No.2777 of 2021
1.Amala Dhas 2.Prajeesh ... Petitioners
Vs.
PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records on the file of the first respondent Marthandam Police Station, Kanyakumari District in crime No.791 of 2020 and to quash the same.
For Petitioners : Mr.S.C.Herold Singh For R1 : Mr.R.M.Anbunithi, Additional Public Prosecutor For R2 : Mr.V.Rambal Singh
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Crl.O.P.(MD)No.2777 of 2021
ORDER
This Criminal Original Petition has been filed to quash the First Information Report in Cr.No.791 of 2020 on the file of the first respondent Police.
2.Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioners would contend that now final report was filed and hence, nothing survives in this petition for further adjudication. However, he prayed for a direction to the trial Court to complete the trial within a time frame.
3.The learned Additional Public Prosecutor appearing for the first respondent also admitted that already charge sheet was filed.
4.In view of the above submissions and considering the date of FIR, it is appropriate to direct the trial Court to dispose the case within time frame. Accordingly, learned Judicial Magistrate No.I, Kuzhithurai is directed to dispose the case, as early as possible, preferably, within a period of four months from the date of receipt of a copy of this order. 2/4
Crl.O.P.(MD)No.2777 of 2021
above said directions.
25.07.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No gns
To
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Crl.O.P.(MD)No.2777 of 2021
P. DHANABAL ,J.
gns
Crl.O.P.(MD)No.2777 of 2021
25.07.2023
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1 issue framed by the court
Whether the Criminal Original Petition seeking quashing of FIR should be dismissed or if a direction for expedited trial is appropriate given the filed charge sheet.
1 provisions across 1 enactments
Amala Dhas
Prajeesh
The State Represented by The Inspector of Police, Marthandam Police Station, Kanyakumari District
Arul Dhas
P.Dhanabal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
