Madras High CourtCRL OP(MD)/928/2011disposed of

R. Subrmanian v. Employees State Insurance

2017-10-20Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.928 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 R.Subramanian ... Petitioner/2nd Accused Vs.

Employees State Insurance Corporation having its Regional Office at No.143, Sterling Road, Chennai-34 represented by Insurance Inspector, Local Office, ESI Corporation, Trichy.

... Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the C.C.No.112 of 2001 on the file of Judicial Magistrate No.1, Tiruchirapalli and quash the same.

For Petitioner : Mr.T.Antony Arulraj for I.Irulappan.

For Respondent : No Appearance.

O R D E R

This Criminal Original Petition has been filed to quash C.C.No.112 of 2001, on the file of the Judicial Magistrate No.1, Tiruchirapalli, which has been pending before this Court without any interim order for six years. The Employees State Insurance Corporation filed a complaint before the Judicial Magistrate No.1, Tiruchirapalli, for non-payment of ESI amount, thereby, the petitioner committed offences under Sections 85(A) and 85(1) of the Employees State Insurance Act.

2.Though the learned counsel for the petitioner raised several grounds for quashing the impugned charge sheet in C.C.No.112 of 2001, he further submitted that it would suffice, if a direction is issued to the trial Court to complete the trial within a time limit that may be stipulated by this Court and also to permit the petitioner to raise all the grounds raised in this petition before the trial Court.

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3.I have heard the learned Government Advocate (Criminal side) appearing for the first respondent, who has also conceded the request of the learned counsel for the petitioner. 4.In the light of the above said submission of the learned counsel for the petitioner, this Court without going into the merits of the case, directs the learned Judicial Magistrate No.1, Tiruchirapalli, to complete the trial in C.C.No.112 of 2001, within a period of three months from the date of receipt of a copy of this order.

With the above direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petitions are closed.

sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.1, Tiruchirapalli.

2. The Insurance Inspector, Local Office, ESI Corporation, Trichy.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.I.IRULLAPPAN, Advocate SR.No.83187. Crl.O.P.(MD)No.928 of 2011 and M.P.(MD)No.1 of 2011 20.10.2017 mrn/vsg SDS/SV:MMS/SAR 1/03.11.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/