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2021 Supreme(Mad) 2755

A.D.JAGADISH CHANDIRA
K. Jayaraman – Appellant
Versus
State by: Assistant Commissioner of Police, Chennai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R. Shunmugasundaram, Adv.
For the Respondents: C. Iyyappa Raj, Additional Public Prosecutor, R. Sathish Kumar Adv.

JUDGMENT :

Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to call for the records in P.R.C.No.135 of 2013 from the file of the learned IX Metropolitan Magistrate, Saidapet, Chennai, in Crime No.4592 of 2012 on the file of the respondent and to quash the same.

Challenging the proceedings in P.R.C.No.135 of 2013 on the file of the learned IX Metropolitan Magistrate, Saidapet, Chennai, the present petition has been filed.

2. The brief background leading to filing of charge sheet is as follows: On 30.10.2017, the Port of Madras raised a signal for a cyclonic storm named “Nilam” with Signal-7 signifying great danger and thereby directed all vessels in the anchorage to move to open sea. On 31.10.2017 at about 10.15 hrs vessel Pratibha Cauvery started to drag on the starboard anchorage. Though the captain of the ship had ordered to lower the shackles and move the vessel full ahead with all its engines operated, the vessel proceeded towards the land shore. When the vessel was close to the shore, the captain ordered the crew to abandon the ship. 22













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