Pratheesh vs State Rep. By on 23 November, 2018

[Cites 6, Cited by 0]

Madras High Court

Pratheesh vs State Rep. By on 23 November, 2018

Bench: A.D.Jagadish Chandira

                                                           1

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 23.11.2018


                                                      CORAM:

                           THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                            Crl.O.P.(MD)No.20581 of 2018
                                                          &
                                            Crl.M.P.(MD)No.9511 of 2018

                      Pratheesh, S/o.Sukumaran                                .. Petitioner

                                                     vs.
                      State Rep. by
                      1.The Inspector of Police,
                        Eraniel Police Station,
                        Kanyakumari District.

                      2.Krishnan                                              .. Respondents
                      PRAYER : Criminal Original Petition is filed under Section 482 of
                      Cr.P.C. to quash the proceedings in Crime No.432 of 2012 on the file
                      of the first respondent police as against the petitioner.


                                   For Petitioner     : Mr.S.Micheal Heldon Kumar


                                   For R1             : Mr.A.Robinson
                                                        Government Advocate (Crl. side)


                                                      ORDER

This Petition has been filed seeking to quash the FIR in Crime No.432/2012 pending on the file of the first respondent. http://www.judis.nic.in 2

2.The learned counsel for the petitioner would submit that on the compliant of the second respondent, the first respondent registered a case in Crime No.432/2012 against the petitioner for the offences punishable under Sections 147, 341, 294(b), 323 and 506(ii) IPC. He would further submit that though the case has been registered as early as on 10.06.2012, final report has not been filed so far.

3.On the last occasion, it was brought to the notice of this Court that final report has been filed in the year 2012 and it was also submitted by the learned Government Advocate (Criminal side) that after filing of the final report, no steps have been taken by the first respondent either to number the same or proceed with the trial. This Court finding that there are laches on the part of the first respondent, directed the first respondent to appear before this Court on 23.11.2018 [Today].

4.As per the direction of this Court, the first respondent appeared today and he would reiterate that the final report was filed on 26.10.2012.

http://www.judis.nic.in 3

5.Recording the above said submission, this Petition is closed. Consequently, connected Miscellaneous Petition is also closed. However, the learned Judicial Magistrate, Eraniel, is directed to take the case on file and proceed in accordance with law and complete the trial as expeditiously as possible.


                                                                        23.11.2018
                      Index       : Yes/No
                      Internet    : Yes/No
                      smn2

                      To

                      1.The Inspector of Police,
                        Eraniel Police Station,
                        Kanyakumari District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

http://www.judis.nic.in 4 A.D.JAGADISH CHANDIRA, J.

smn2 Crl.O.P.(MD)No.20581 of 2018 23.11.2018 http://www.judis.nic.in

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