G.Balasubramanian v. The Tahsildar Cum Executicve

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.06.2019

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.19886 of 2010 G.Balasubramanian

...Petitioner

Vs 1.The Tahsildar-cum-Executive Magistrate, Egmore-Nungambakkam Taluk Office, Chennai 600 031.

2.The Inspector of Police, R2 Kodambakkam Police Station Chennai 600 024.

3.Mrs.Margaret 4.Jayakumar Fernando 5.Siraj Haq 6.Mani 7.R.K.Jalan@Rajendra Kumar Jalan 8.Smt.Jothilakshmi 9.Ganesan 10.V.Mani 11.K.M.Ravichandran ....Respondents Prayer:- Criminal Original Petition filed under Section 482 of Cr.P.C to call for the records relating to the proceedings of the 1st respondent in E3/3203/10 dated 30.06.2010 under Sec.145(1) of the Code of Criminal Procedure and quash the same.

For Petitioner : Mr.R.Nalliyappan For Respondents : Mrs.S.Thakira 1 and 2:

Government Advocate (Criminal side) For Respondents 3 and 4 :No Appearance https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The petitioner has challenged the proceedings of the 1st respondent under Section 145(1) of the Code of Criminal Procedure. The petitioner has been arrayed as 'A' party and the respondents 3 to 11 are arrayed as 'B' party. There seems to be some dispute with regard to the property between 'A' and 'B' parties and also there are litigations pending between them.

2. In such circumstances, preliminary notice under Section 145(1) has been issued. Against which, the petitioner had filed this quash petition.

3. This Court at this stage finds no irregularity in the order of the 1st respondent and the same cannot be questioned into. Hence, this petition is not maintainable and accordingly it is dismissed.

Sd/- Assistant Registrar(insp cell) //True Copy// Sub Assistant Registrar sk To 1.The Tahsildar-cum-Executive Magistrate, Egmore-Nungambakkam Taluk Office, Chennai 600 031.

2.The Inspector of Police, R2 Kodambakkam Police Station Chennai 600 024.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.19886 of 2010 A.SK(01/08/2019) https://hcservices.ecourts.gov.in/hcservices/