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M. NIRMAL KUMAR
R. Dharmalingam – Appellant
Versus
State rep. by the Inspector of Police, CBCID (South) Coimbatore – Respondent
JUDGMENT
(Prayer in Crl.O.P.No.18104 of 2021: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the learned Chief Judicial Magistrate, Coimbatore to commence the speedy trial proceedings in C.C.No.21480 of 2019, on the file of the learned Chief Judicial Magistrate, Coimbatore.
Crl.O.P.No.21854 of 2021: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to docket order dated 06.09.2021 in CC.No.21480/2019 and quash the same and direct the learned Chief Judicial Magistrate, Coimbatore to hear the protest petition after giving opportunity to the petitioners 1 to 4 herein.)
Common Order
1. Crl.O.P.No.18104 of 2021 has been filed to direct the learned Chief Judicial Magistrate, Coimbatore (trial Court) to commence the speedy trial proceedings in C.C.No.21480 of 2019.
2. Crl.O.P.No.21854 of 2021 has been filed to quash the docket order, dated 06.09.2021 in C.C.No.21480 of 2019 passed by the learned Chief Judicial Magistrate, Coimbatore (trial Court) and direct the trial Court to hear the protest petition after giving opportunity to the petitioners 1 to 4.
3. For the sake of c
The court emphasized the importance of complying with the orders of higher courts and ensuring the right to be heard for the accused in legal proceedings.
The need for prima facie evidence to proceed against the accused and the limited scope of the court's jurisdiction under Section 482 Cr.P.C.
Court must determine the genuineness of AGM minutes amid allegations of perjury while considering the implications of a Supreme Court stay order on parallel inquiries.
The court emphasized that successive FIRs regarding the same incident are impermissible and quashed the FIR based on concealment of previous complaints and forum shopping, affirming the requirement o....
The main legal point established is that a complaint filed with ulterior motives, unexplained delay, and unsupported allegations of forgery can be quashed by the court.
A magistrate must apply mind and provide reasoning when taking cognizance of complaints; failure to do so allows for quashing of proceedings to prevent abuse of process.
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