Madras High CourtCRL OP/16229/2013dismissed with liberty

P.Parivallal v. The Inspector Of Police

2019-09-16Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.16229 of 2013 and M.P.No.1 of 2013

1. P.Parivallal

2. G.Sellamuthu

3. A.Pugazhendran

4. R.Renganathan

5. R.Jeeva

6. K.Udhayakumar

7. R.Chitra ... Petitioners/Accused Vs.

1. The state represented by The Inspector of Police, City Crime Branch, Salem City.

(Crime No.40/87)

2. The District Collector, Salem.

... Respondents/Complainant (Suo moto impleaded as per order in Crl.O.P.No.16229 of 2013 and M.P.No.1 of 2013 dated 03.01.2019) PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the proceedings in C.C.No.43 of 2008 on the file of the learned Judicial Magistrate-I, Salem, and quash the same.

For Petitioners :Mr.V.Vijayshankar-No Appearance For Respondents :Mr.R.Surya Prakash Govt. Advocate (Crl.Side) for R1 Mr.K.S.Suresh, Government Advocate for R2

ORDER

Today, when the matter is taken up for hearing, none appeared on behalf of the petitioner, even after giving opportunities, he did not appear before this Court and argue the matter on merits. Hence, this Court as no other option, has gone through the papers and inclined to dispose of the petition. https://hcservices.ecourts.gov.in/hcservices/

It is seen that the petitioners were charge sheeted by the respondent police for the offence punishable under Sections 420, 471 & 477(A) of IPC. Pending the above case, the petitioners had preferred this present petition seeking to quash the same on the ground that the order of the District Collector, based on which the present case has been registered, was set aside by this Court.

Heard the learned Government Advocates appearing for the respondents and perused the materials available on record. On a perusal of the materials, there is prima facie case to proceed against the petitioners and this Court does not find any reason to invoke Section 482 of Cr.P.C. However the petitioners are at liberty to raise their defence, during trial. In the result, the criminal original petition stands dismissed. Consequently connected miscellaneous petition is closed.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar cgi To

1. The Judicial Magistrate-I, Salem.

2. The Public Prosecutor, High Court of Madras.

3. The Inspector of Police, City Crime Branch, Salem City.

4. The District Collector, Salem.

5. The Chief Judicial Magistrate, Salem +1 CC to Mr.V.Vijayshankar, Advocate sr 80312. Crl.O.P.No.16229 of 2013 RSI(CO) SP(25/10/2019) https://hcservices.ecourts.gov.in/hcservices/