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Madras High CourtCRL OP/1980/2020dismissed as infructuous

Raniammal v. State By

2020-07-21Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.1980 of 2020 and Crl.MP.No.1234 of 2020 1 Raniammal, W/o.Ragupathy, Old No.146, New No.19, Thiruvallur Street, Thillaiyadivalliyammai Nagar, Thirumangalam, Anna Nagar West, Chennai 600 040.

2.Saraswathi, W/o.Mahadevan, Old No.42, New No.52, Vanniyar Street, Kodambakkam, Chennai 600 024.

3.Parthiban, S/o.Raghupathy, Old No.146, New No.19, Thiruvallur Street, Thillaiyadivalliyammai Nagar, Thirumangalam, Anna Nagar West, Chennai 600 040.

4.Vengatesan, S/o.Raghupathy, Old No.146, New No.19, Thiruvallur Street, Thillaiyadivalliyammai Nagar, Thirumangalam, Anna Nagar West, Chennai 600 040.

5.Dhanalakshmi, W/o.Tamilselvan, Old No.20, New No.41, 87th Street, Ashok Nagar, Chennai 600 083.

6.Vairamani S/o.Mariappan, No.420/1A, TIC Road, Ambattur, Chennai 600 053.

7.Sasikala, W/o.Jayaraman, No.2/6, New Street, Ambattur, Chennai 600 053.

8.Jayaraman, S/o.Govindaraj, No.2/6, New Street, Ambattur, Chennai 60053.

...Petitioners

Vs.

1.State by Inspector of Police, Central Crime Branch II, Team I, Greater Chennai City Police, Egmore, Chennai.

2.Shanmugam, S/o. Thayumanavan, No.9, New Street, Kallikuppam, Ambattur, Chennai 600 053.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records in Crime No.98 of 2012 on the file of the Inspector of Police, Central Crime Branch II, Team I, Egmore, Chennai and quash the same.

For Petitioners : M/s.R.Divya For Respondents For R1 : Mr.S.Karthikeyan Additional Public Prosecutor.

For R2 : Mr.M.Maganathan

O R D E R

This petition has been filed to quash the F.I.R. in Crime No.98 of 2012 registered by the first respondent police for offences under Sections 447, 466, 467, 468, 471 of IPC, as against the petitioner.

2. The learned Additional Public Prosecutor would submit that after completion of investigation, final report was filed before the Special Court for Land Grabbing Cases, Tiruvallur.

3. Considering the submissions of the learned Additional Public Prosecutor, the prayer sought for in this petition has become infructuous. Accordingly, this Criminal Original Petition is dismissed as infructuous. However, since the very constitution of the Special Court for Land Grabbing is under challenge before the Hon'ble Supreme Court of India, the Special Court shall not take cognizance of the final report filed by the first respondent herein. Therefore, the Special Court for Land Grabbing Cases, Tiruvallur is directed to return the final report to the first respondent forthwith and on receipt of the same, the first respondent is directed to file the final report before the concerned jurisdictional Judicial Magistrate Court within a period of two weeks. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pvs To

1. The Special Court for Land Grabbing Cases, Tiruvallur

2. Inspector of Police, Central Crime Branch II, Team I, Greater Chennai City Police, Egmore, Chennai.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.N.Naganathan, Advocate, S.R.No.24993 Crl.O.P.No.1980 of 2020 and Crl.MP.No.1234 of 2020 PP(CO) KKV/13/08/2020