Ragothaman v. State Of Tamil Nadu, Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2019

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.14103 of 2019 and Crl.M.P.Nos.6843 & 6844 of 2019 Ragothaman,(Age 69 years) Sri Sekar Industries, Sole Proprietor, 112/A, Salem Main Road, Anguchettipalayam, Cuddalore-607106 ... Petitioner Vs.

State of Tamil Nadu, Rep.by its Deputy Director, Industrial Safety and Health, ... Respondent PRAYER :

Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to CC.No.156/2019 pending on the file of the Chief Judicial Magistrate, Cuddalore and quash the same.

For Petitioner : M/S.S.Karthikei Balan For Respondent : Mr.C.Raghavan Government Advocate

O R D E R

This petition has been filed seeking to quash the proceedings in C.C.No.156/2019 pending on the file of the Chief Judicial Magistrate, Cuddalore.

2.The respondent filed a private complaint against the petitioner for an offence under Section 7(1) Rule 12 r/w 92 and Section 31 Rule 56B r/w 92 of Factories Act, 1948 for the short comings /deficiencies that were found out at the time of conducting the inspection in the factory premises. During the

pendency of the complaint, the defects, that were pointed out were rectified to the satisfaction of the respondent. Therefore, the respondent had filed a petition under Section 321 of Cr.P.C., for withdrawing the case. The Court below however thought it fit not to permit the withdrawal of petition and wanted to go-ahead with the trial. Therefore, the present petition has been filed seeking to quash the proceedings. 3.Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondent.

4.Taking into consideration, the facts and circumstances of the case and the nature of offence that has been projected in this case and the subsequent events that have taken place wherein the prosecution itself did not want to prosecute the case, this Court is of the considered view, that the pendency of the proceedings against the petitioner will be an abuse of process of Court and the petitioner need not be made to face the trial unnecessarily. This Court also takes into the consideration the age of the petitioner, who is nearly aged about 70 years. The Court below will be keeping a stale prosecution pending without any purpose.

5.In exercise of the jurisdiction under Section 482 of Cr.P.C., this Court is inclined to interfere with the proceedings pending before the Court below.

6. In the result, the proceedings in C.C.No.156/2019 pending on the file of the learned Chief Judicial Magistrate, Cuddalore is hereby quashed, and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar jrs/KP To 1.

The Chief Judicial Magistrate,

2.

The Deputy Director, Industrial Safety and Health, 3.

The Public Prosecutor, High Court, Madras.

+2cc to M/S.S.Karthikei Balan, Advocate, S.R.No.45193 Crl.O.P.No.14103 of 2019 SV(CO) CS/05/07/2019