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1985 Supreme(Mad) 90

T.N.SINGARAVELU
Ravi – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. T.K.Sampath, for Petitioner.
Mr. Kannappa Rajendran, Government Advocate (Crl. Side), for State

Order

Crl.M.P.No.150 of 1985 is an application by the 5th accused in the case to quash the proceedings in C.C.No.436 of 1983, on the file of the Judicial Second Class Magistrate, Kancheepuram, on the ground that he was a juvenile on the date of the occurrence on 11.5.1981, though he is a major now. It is then stated that the charge-sheet itself was filed belatedly in 1983. I may at once state that mere delay in filing the charge-sheet is not a ground for quashing.

2. Now, with reference to the plea that the petitioner was a juvenile on the date of occurrence, this plea was not taken up by the petitioner all these years or at the earliest opportunity. Now, some witnesses have been examined in the case, and at this stage, this application has been filed. The long delay casts reflection on the bona fides of the Petitioner's case, and I do not think that this is a sufficient ground for quashing.

3. Of course, it is common ground that the petitioner has since become major though he might have been a juvenile on the date of the offence. This again is not a ground for quashing since at the time of trial, the petitioner was admittedly a major and an adult. In this connection, it is necessary





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