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Madras High CourtCRL OP/26041/2015closed

Ravichandran @ Anbalagan v. Senthilnathan

2021-01-08Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2021

CORAM

THE HONOURABLE Mr. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.26041 of 2015 Ravichandran @ Anbalagan, S/o.Kuzhanthaivelu, Nagoor Main Road, Mathakaday,Karaikal ... Petitioner -Vs.- Senthilnathan, S/o.Subramanian, No.20/1, Nagoor Main Road, Mathakaday, Karaikal.

... Respondent Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records in order dated 30.04.2015 in Crl.R.P.No.2 of 2014, on the file of Sessions Judge, Karaikal confirming the order dated 16.07.2014 in M.C.No.12 of 2012 on the file of the Executive Magistrate, Karaikal and set aside the same.

For Petitioner : No appearance For Respondent : No appearance

O R D E R

(The case has been heard through video conference) This Criminal Original Petition has been filed seeking to call for the records in order dated 30.04.2015 in Crl.R.P.No.2 of 2014, on the file of Sessions Judge, Karaikal confirming the order dated 16.07.2014 in M.C.No.12 of 2012 on the file of the Executive Magistrate, Karaikal and set aside the same.

2. On the earlier hearing it was reported by the learned counsel for the respondent that during pendency of the proceedings, the respondent had taken possession of the property and the petitioner had also left the property and further that there was no breach of peace in respect of the property and nothing survives for adjudication.

3. This Court thereby had directed the learned Additional Public Prosecutor to get instructions from the Executive Magistrate, Karaikal and also from the Police Station with https://hcservices.ecourts.gov.in/hcservices/

regard to the present situation. It is reported by the learned Additional Public Prosecutor that the petitioner as well as the respondent are not presently available at that place and after that there was dispute between Ravichandran, S/o.Ramachandran and Sekar, S/o.Subramani. Further, it is also reported that the said Sekar had also vacated the premises, and as of now there is no breach of peace concerning the property and no proceedings are pending now.

4. The proceedings initiated during the year 2014 and by efflux of time, the parties have vacated from the property and thereby, nothing survives for adjudication. Hence, this Criminal Original Petition is closed.

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

1. The Sessions Judge, Karaikal.

2. The Executive Magistrate, Karaikal.

+1cc to M/s.K.Govi Ganesan, Advocate, S.R.No.1491 Crl.O.P.No.26041 of 2015 sr-ii(CO) rv(22/01/2021) https://hcservices.ecourts.gov.in/hcservices/