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1994 Supreme(Mad) 1032

RENGASAMY
S. Sankaran – Appellant
Versus
Inspector, Triplicane Range, Traffic Investigation Dept. – Respondent


Appearing Advocates:For the Petitioner:S. Venkataraman, Advocate. For the Respondent:P. Govindarjan, Govt. Advocate (Crl. side).

Judgment :-

This petition is filed under Section 482 Code of Criminal Procedure to quash the proceedings in C.C. No. 690 of 1991 on the file of VI Metropolitan Magistrate, Madras. The petitioner is accused in that case for the offence under Section 304-A, 337 and 338 Indian Penal Code and Sections 184 and 185 of Motor Vehicles Act. The petitioner has stated that his car TSE 1326 involved in an accident on 6-12-90 for which the police charge-sheeted him before the VI Metropolitan Magistrate, Madras, that though the case was pending on the file of the learned Magistrate for nearly two years, the prosecution was never ready or produced any witness and therefore the learned Magistrate stopped the proceedings by his order dated 26-10-92 under Section 258 Code of Criminal Procedure, but to his surprise, he received a summons from the Court directing him to appear on 2-12-92 as the learned Magistrate had re-opened the case by his order dated 29-10-1992. It is further sated that the order of the learned Magistrate re-opening the case is unconstitutional, excess of jurisdiction and it is a nullity as it is a non-speaking order even without giving notice and opportunity to the accused petiti

















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