Madras High CourtCRL OP/777/2016dismissed

Effaa Healthy Life Pvt. Ltd., v. K.Nandakumar

2021-02-15Honourable Mr Justice V.Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:15.02.2021

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.O.P.No.

and Crl.M.P.No. 368 of 2016 1.Effaa Healthy Life Private Limited Rep by its Managing Director, Pon Konguvel Mahizhnan.

2.Pon Konguvel Mahizhan 3.Sathiyanarayanan ... Petitioners/Accused 4,5&6 Vs.

Nandakumar ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records relating to the C.C.No.113 of 2009 on the file of the Judicial Magistrate Court, No.1, Gobichettipalayam, quash the same.

For petitioners: Mr.M.Guruprasad For Respondent : No appearance

ORDER

This petition has been filed to quash the proceedings in C.C.No.113 of 2009 pending on the file of the Judicial Magistrate Court, No.1, Gobichettipalayam.

2.The petitioners are A4, A5 and A6 in C.C.No.113 of 2009 on the file of the Judicial Magistrate Court, Gopichettipalayam. 3.The learned counsel for the petitioners has submitted that the other accused persons namely Manivannan/A2 and Kathiravan/A3 in C.C.No.113 of 2009 has filed the petition in Crl.O.P.No.4467 of 2013, which was dismissed by this Court on 21.11.2019 and in that petition, accused were permitted to take all their defence available for them before the trial Court during the trial.

4. Heard Mr.M.Guruprasad, learned counsel for the petitioners.

https://hcservices.ecourts.gov.in/hcservices/

5.The petitioners are the partners of the first accused Company. The case cannot be proceeded without the first accused Company, since the other accused were prosecuted and the quash application was dismissed. Taking into consideration, the dismissal of Crl.O.P.No.4467 of 2013 dated 21.11.2019, this Court finds no merits in this petition.

6. In the result, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsn To 1.The Judicial Magistrate No.1 Gobichettipalayam.

2.-do-Thro Chief Judicial Magistrate, Erode.

+1cc to Mr.M.Guruprasad, Advocate SR.8766 Crl.O.P.No.777 of 2016 and Crl.M.P.No.368 of 2016 VG II(CO) CB(12/03/2021) https://hcservices.ecourts.gov.in/hcservices/