Madras High CourtCRL OP/4197/2011dismissed for nonprosecution

Pradeep Nevatia v. M/S.Lason India Private Ltd.,

2018-11-02Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2018

CORAM

THE HONOURABLE Mr.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.4197 of 2011 & M.P.NOS.1 & 2 of 2011 Pradeep Nevatia ... Petitioner/Accused

Versus

M/s.Lason India Private Limited presently having its registered office, at 8th to 10th Floor, Dawlath Tower, New No.39, 61, & 63, Taylors Road, Kilpauk, Chennai - 600 010.

Represented by its Authorized Representative Mr. Vijayakumar ... Respondent/Complainant PRAYER:

Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C. No.7297 of 2006 and to quash the proceedings on the file of the Chief Metropolitan Magistrate Egmore, Chennai. For Petitioner : No appearance For Respondent : No Appearance

O R D E R

This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C. No.7297 of 2006 and to quash the proceedings on the file of the Chief Metropolitan Magistrate Egmore, Chennai. 2.When the case was called up at 2.15 p.m., there was no representation on behalf of both the sides, hence, it was passed over and thereafter, when it was again called in the evening, then too no representation on petitioner's side. Despite, the case has been listed under the caption "for dismissal" on https://hcservices.ecourts.gov.in/hcservices/

01.11.2018 and today, also there was no representation on both the sides.

3. There is no stay in this petition for subsisting the case and as per the Judgment reported in 2018 SCC 310 in the case of Asian Resurfacing of Road Agency Pvt. Ltd., and Another Vs. Central Bureau of Investigation, no stay is to be granted for a period of more than six month, unless extended by a speaking order. In this case no extension of stay has been granted. There has been no representation on the side of the petitioner and the respondent.

4.The Lower Court is made clear that there has been no stay subsisting in the above case and hence, the trial in C.C. No.7297 of 2006 has to be proceeded forthwith. The Trial Court is directed to take into account the fact that the above case is pending from the year 2006 without any progress and the Trial Court is directed to complete the trial in C.C. No.7297 of 2006 within a period of three months from the date of receipt of copy of this order.

5. With the above direction, the Criminal Original Petition is dismissed for non-prosecution. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar lbm To:

1. Chief Metropolitan Magistrate Egmore, Chennai.,

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.4197 of 2011 & M.P. NOS. 1 & 2 of 2011 NMI(CO) CS/18/01/2019 https://hcservices.ecourts.gov.in/hcservices/