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Madras High CourtCRL OP/8458/2012dismissed

K.S.Joshi v. The State By Its

2020-01-02Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2020

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI CRL.O.P.NOS.8458 & 8459 OF 2012

1. K.S.Joshi ... Petitioner in Crl.O.P.No.8458 of 2012

2. T.S.Rangasamy ... Petitioner in Crl.O.P.No.8459 of 2012 Vs.

1. The State rep by The Sub-Inspector of police, Pollachi West Police Station, Pollachi, Thiruppur District.

2. The Secretary, Maileripalayam Ghosalai, Coimbatore.

... Respondents in both Crl.OPs.

PRAYER:

Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code to direct 1st Respondent to take necessary steps to recover the cattle from the custody of 2nd respondent and hand over the same to me as per the order made in C.M.P.No.10359 & 10357 of 2011 dated 19.01.2012 respectively passed by the Hon'ble Judicial Magistrate No.II, Pollachi or otherwise direct the 2nd respondent to compensate me with the value of the cattle and pass such orders.

For Petitioners : Mr.M.Christopher(No appearance) For Respondent-1 : Mr.C.Iyyapparaj, Additional Public Prosecutor.

For Respondent-2 : No Appearance

O R D E R

This petition is being filed by the petitioner under Section 482 of Criminal Procedure Code to recover the cattle from the custody of 2nd respondent and hand over the same to the petitioner as per the order made in C.M.P.No.10357 of 2011 dated 19.01.2012 passed by the Hon'ble Judicial Magistrate No.II, https://hcservices.ecourts.gov.in/hcservices/

Pollachi or otherwise direct the 2nd respondent to compensate the petitioner for the value of the cattles.

2. Today, i.e on 02.01.2020, when the matter is taken up for hearing, the learned Additional Public Prosecutor submitted that during the pendency of this writ petition the cattles were returned to the petitioners. However, when this petition was taken up for hearing on 20.12.2019, there was no representation for the petitioner and hence, the matter was ordered to be posted today, under the caption 'for dismissal'. 3.Eventhough, the matter is listed today under the caption 'for dismissal', neither the petitioner nor his counsel is present to prosecute the matter. Hence, these Criminal Original petition are dismissed for non prosecution.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar smn To

1. The Sub-Inspector of police, Pollachi West Police Station, Pollachi, Thiruppur District.

2. The Secretary, Maileripalayam Ghosalai, Coimbatore.

Crl.O.P.Nos.8458 & 8459 of 2012 RSV(CO) CS/19/02/2020 https://hcservices.ecourts.gov.in/hcservices/