Govindaraj v. State Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.03.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.4253 of 2021 Crl MP Nos.2715 & 2716 of 2021
1. Govindaraj
2. Mayilvahanan ... Petitioners/Accused 3 & 4 vs.
State Rep by its The Inspector of Police, District Crime Branch, Anti Land Grabbing Special Cell, O/o. The Superintendent of Police, Nagapattinam, Nagapattinam District (Crime No.16 of 2014) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.40 of 2016 on the file of the learned Judicial Magistrate No.1, Nagapattinam District and quash the same. For Petitioner : Mr.K.M.Vijayan Associates For Respondents: Mr.C.Raghavan Government Advocate (crl. Side)
ORDER
On consent given by either side, the main Criminal Original Petition itself is taken up for final hearing.
2. On an earlier occasion A2 in this case had approached, this Court and filed Criminal OP No.869 of 2017 challenging the same proceedings and this Court by an order dated 02.02.2021 quashed the proceedings insofar as A2 is concerned. Even when the matter was taken up for hearing in that petition, it was brought to the notice of this Court that Defacto Complainant is no more.
3. The reasons assigned by this Court while allowing the https://hcservices.ecourts.gov.in/hcservices/
quash petition filed by A2 will be equally applicable to the petitioners also and the same benefit will enure in their favour.
4. In view of the above, the proceedings in CC No.40 of 2016 on the file of learned Judicial Magistrate No.1, Nagapattinam District, is hereby quashed insofar as the petitioners are concerned and the Criminal Original Petition is allowed. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar jv To 1.The Judicial Magistrate NO.I, Nagapattinam District.
2.The Inspector of Police, District Crime Branch, Anti Grabbing Special Cell, O/o.The Superintendent of Police, Nagapattinam.
3. The Public Prosecutor, High Court of Madras, Chennai 600 104.
Crl.O.P No.4253 of 2021 Crl MP Nos.2715 & 2716 of 2021 SKY(CO) CB(31/03/2021) https://hcservices.ecourts.gov.in/hcservices/