M.Sathyamoorthy v. Hindustan Petroleum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2019 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.21639 of 2015 and M.P.No.1 of 2015 M.Sathyamoorthy ... Petitioner Vs.

1.Hindustan Petroleum Corporation Limited, Rep. by its Regional Manager, No.82, T.T.K. Road, Alwarpet, Chennai.

2. The Superintendent of Police, Kanchipuram District, Kanchipuram.

3. Inspector of Police, Kelambakkam Police Station, Kelambakkam, Chennai.

4. Pandurangan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the 3rd respondent from in any manner interfering with the licensed business of petrol bunk situated in No.3/542, Old (OMR) Road, Rajiv Gandhi Salai, Kelambakkam, Thiruporur Taluk, Kanchipuram District, without the manner provided under law. For Petitioner : Mr.Vijayan for M/s.K.M.Vijayan Associates For R1 : M/s.King & Partridge For R2 & R3 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R4 : Mr.R.C.Paul Kanagaraj

O R D E R

This writ petition has been filed to forbear the 3rd respondent from interfering with the licensed business of petrol bunk situated in No.3/542, Old (OMR) Road, Rajiv Gandhi https://hcservices.ecourts.gov.in/hcservices/

Salai, Kelambakkam, Thiruporur Taluk, Kanchipuram District.

2. The learned Additional Public Prosecutor submitted that the complaint filed by the petitioner has been registered in Crime No.271 of 2015 as against the 4th respondent and Section 107 proceedings has been initiated, in which the petitioner is the A-party and 4th respondent is the B-party.

3. Recording the submission of the learned Additional Public Prosecutor, it is clear that this petition has been filed to challenge the show cause notice issued against him under Section 107 of Cr.P.C, which was issued in the year 2015. The period for the proceedings under Section 107 of Cr.P.C. is only for one year. Now, almost four years have been lapsed and hence, the prayer sought for by the petitioner become infructous.

4. Accordingly, this writ petition is dismissed as infructous. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ssr/vsi-2 To

1. The Superintendent of Police, Kanchipuram District, Kanchipuram.

2. The Inspector of Police, Kelambakkam Police Station, Kelambakkam, Chennai.

3. The Public Prosecutor, High Court, Madras.

+1 cc to M/s.King & Partridge, Advocate Sr.No.17061 W.P.No.21639 of 2015 and W.M.P.No.1 of 2015 CSL/12.04.2019 https://hcservices.ecourts.gov.in/hcservices/