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Madras High CourtCRL OP/13256/2015dismissed

M.Kovendhan v. The Revenue Divisional Officer

2020-07-27Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2020

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.13256 of 2015 and M.P.Nos.1 & 2 of 2015 1.M.Kovendhan 2.Saravanan 3.Prakash

...Petitioners

Vs.

1.The Revenue Divisional Officer-cum- Sub-Divisional Magistrate, Kancheepuram & District.

2.The Inspector of Police, B-3, Kanchi Taluk Police Station, Kancheepuram & District.

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the entire records connected with in Na.Ka.1158/2015/A3 dated 07.05.2015 on the file of the 1st respondent herein and quash the same. For Petitioners : Ms.R.Gobika for Mr.S.Sathia Chandran For Respondents : Mr.K.Prabhakar, Additional Public Prosecutor

O R D E R

This petition has been filed to quash the proceedings in Na.Ka.No.1158/2015/A3 dated 07.05.2015 on the file of the 1st respondent.

2. The learned counsel for the petitioners submits that impugned notice was issued under Section 107 Cr.P.C to the petitioners. As per Section 107 Cr.PC, the currency of the notice and proceedings is to be valid for a period of one year until and unless it is extended. In this case admittedly notice has been issued on 07.05.2015.

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

3. The leaned Additional Public Prosecutor submits that after issuance of notice in Na.Ka.No.1158/2015/A3 dated 07.05.2015, there was no untold incidents and disturbance in maintenance of peace and law and order. He further submits that since the period under Section 107 Cr.P.C already lapsed and notice has lost its relevancy and hence, the quash petition may be dismissed.

4. Recording above submissions, nothing survives for adjudication in this petition. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar ms To 1.The Revenue Divisional Officer-cum- Sub-Divisional Magistrate, Kancheepuram & District.

2.The Inspector of Police, B-3, Kanchi Taluk Police Station, Kancheepuram & District.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.13256 of 2015 and M.P.Nos.1 & 2 of 2015 AJS(CO) KKV/24/09/2020 https://hcservices.ecourts.gov.in/hcservices/