M.Marimuthu v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2019 CORAM :

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8305 of 2016 M.Marimuthu ..Petitioner/Defacto Complainant Vs.

Inspector of Police, J5, Sastri Nagar Police Station, Chennai 600 090.

..Respondent Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C to direct the trial court to number the petition filed by the petitioner before the trial court in C.C.No.4048 of 2012 (IX Metropolitan Magistrate, Saidapet, Madras-15) seeking to attach the 13/500 UDS (undivided share of land) in Yamuna Homes, Parameswari Nagar 4th street, Adyar, Madras-20 and to strike out the entire defence, if any, of the accused A3 & A4 as they (A3 & A4) have deliberately disobeyed the orders of the Hon'ble Supreme Court in Crl.A.No.2187 of 2014 dated 13.10.2014. For Petitioner : No appearance.

For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to direct the trial court to number the petition filed by the petitioner before the trial court in C.C.No.4048 of 2012 (IX Metropolitan Magistrate, Saidapet, Madras-15) seeking to attach the 13/500 UDS (undivided share of land) in Yamuna Homes, Parameswari Nagar 4th street, Adyar, Madras-20 and to strike out the entire defence, if any, of the accused A3 & A4 as they (A3 & A4) have deliberately disobeyed the orders of the Hon'ble Supreme Court in Crl.A.No.2187 of 2014 dated 13.10.2014.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. https://hcservices.ecourts.gov.in/hcservices/

3.The learned Additional Public Prosecutor on instructions would submit that the case is pending for trial on the file of the IX Metropolitan Magistrate, Saidapet, Chennai, in C.C.No.4048 of 2012.

4. At this stage, the prayer sought for in this petition cannot be considered by this Court. Accordingly, this Criminal Original Petition is dismissed. However, the petitioner is at liberty to approach the trial court for appropriate relief. Sd/- Assistant Registrar(CS-VIII) //True copy// Sub Assistant Registrar rm/rri To 1.The Inspector of Police, J5, Sastri Nagar Police Station, Chennai 600 090.

2.The Public Prosecutor High Court, Madras.

+1cc to M/s.Shanmuga Associates, Advocate SR.No.23686 Crl.O.P.No.8305 of 2016 VG II(CO) GMY(29/04/2019) https://hcservices.ecourts.gov.in/hcservices/