Quaide Milleth Eductaional And Social Trust v. Dr. M.H.Jaeahirullah

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No. 3811 of 2024 Quaide Milleth Educational and Social Trust, Represented by its General Secretary Mr.M.G.DawoodMiakhan, A Society registered under the Societies Registration Act, Bearing Old Registration No.259 of 1974 and New Registration No.39/2011, Having Office at No.82, Sterling Road, Nungambakkam, Chennai - 34.

... Petitioner Vs

1. Dr.M.H.Jawahirullah, MLA Papanasam Constituency, President, Manithaneya Makal Katchi, 6-7, Vada Maracoir Street, Chennai - 01.

2. M.Abdul Rahman, Chairman, Tamil Nadu Waqf Board, No.1, Jaffar Syrang Street,

Vallal Seethakathi Nagar, Chennai - 01.

3. The State of Tamil Nadu Represented by Chief Secretary to Government, Home Department, Fort St.George, Chennai.

4. The Registrar (General) High Court, Madras.

[ R3 and R4 suo motu impleaded as per order dated 20.2.2024 in Crl.O.P.No.3811 of 2024] ...

Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS 2023, seeking to set aside the order dated 09.11.2023 passed by the learned II Metropolitan Magistrate, Egmore, Chennai in Crl.M.P.No.45457 of 2023 to direct the learned Magistrate to take cognizance upon the complaint of the petitioner and to proceed in accordance with law.

For Petitioner : Mr.C.S.S.Pillai For R3 : Mr.S.Vinoth Kumar Government Advocate (Crl.Side) For R4 : Mr.Arun Anbumani

O R D E R

This Criminal Original Petition has been filed seeking to set aside the order dated 09.11.2023 passed by the learned II Metropolitan Magistrate, Egmore, Chennai in Crl.M.P.No.45457 of 2023 to direct the learned Magistrate to take cognizance upon the complaint of the petitioner and to proceed in accordance with law.

2. Heard the learned counsel appearing for the petitioner, learned counsel appearing for the fourth respondent and the learned Government Advocate (Crl.Side) appearing for the third respondentPolice and perused the materials available on record.

3. Learned counsel appearing for the respondents submitted that pending this criminal original petition, the dispute between the parties/issues have been settled and the learned III Metropolitan Magistrate, George Town, Chennai has been declared as designated Magistrate to deal with the cases relating to MP's and MLA's. The petitioner is at liberty to re-present the papers before the learned III Metropolitan Magistrate, George Town, Chennai.

4. With the abovesaid direction, this Criminal Original Petition is disposed of.

13.06.2025 mfa Index:Yes/No Speaking Order: Yes/No To

1. The II Metropolitan Magistrate, Egmore, Chennai

2. The Chief Secretary to Government, Home Department, Fort St.George, Chennai.

3. The Registrar (General) High Court, Madras.

4. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa Crl.O.P.No. 3811 of 2024 13.06.2025