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Madras High CourtCRL OP/4791/2014dismissed as infructuous

Shanmugam v. The State Rep By

2018-08-28Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM Crl.OP.No.4791 of 2014 and M.P.No.1 of 2014 Shanmugam

...Petitioner

Vs.

1. The State represented by The Inspector of Police, Central Crime Branch, (Land Grabbing Cell) Salem City, Salem District.

2. S.Shanmugasundaram

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, prayed to call for the records in Crime No.26 of 2013 on the file of Central Crime Branch (Land Grabbing Cell) Salem and quash the same as illegal so far as the petitioner is concerned.

For Petitioner : Mr.A.Siva Kumar for M/s.R.Sankarasubbu For Respondents : Mr.T.Shunmuga Rajeswaran Government Advocate (Crl.Side) for R1

ORDER

This petition has been filed by the accused No.1 to quash the F.I.R in Crime No.26 of 2013 on the file of the first respondent.

2. The learned counsel for the petitioner has submitted that the petitioner made only an attempt to purchase the property from the defacto complainant, but actually, he has not purchased any property and hence, there is no loss to the defacto complainant and therefore, he prayed to quash the F.I.R against the petitioner herein. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Government Advocate (Crl.Side) has submitted that during pendency of this petition, the first respondent has completed the investigation and filed a charge sheet before the Special Court for Land Grabbing Cases (Magistrate Level) Salem but so far, the case was not taken on file. He has also produced a xerox copy of the charge sheet. A perusal of the said xerox copy of charge sheet shows that on 11.08.2016 itself, the charge sheet was filed. Hence, this petition has become infructuous.

4. In the result, this petition is dismissed as infructuous. The learned Magistrate [Special Court for Land Grabbing cases (Magistrate Level), Salem is directed to check the said charge sheet and if it is in order, the same should be taken on file without any further delay. Consequently, connected miscellaneous petition is closed. Sd/-- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar vv To

1. The Inspector of Police, Central Crime Branch, (Land Grabbing Cell) Salem City, Salem District.

2. The Magistrate Special Court for Land Grabbing cases (Magistrate Level), Salem.

3. The Public Prosecutor, High Court, Madras.

Crl.OP.No.4791 of 2014 and M.P.No.1 of 2014 ASK(24/09/2018) https://hcservices.ecourts.gov.in/hcservices/