N.Manivasagam v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :19.04.2022

CORAM

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.OP No.4710 & 4748 of 2019 & Crl MP.Nos.2781 & 2813 of 2019 N.Manivasagam ...Petitioner in both petitions Vs The Food Inspector, City Municipal Corporation, Coimbatore.

...Respondent in both Crl.OPs.

Prayer:- Criminal Original Petitions filed under Section 482 Cr.P.C., (i) to call for the records in CC No.95 of 2009 on the file of the learned Judicial Magistrate I, Coimbatore, quash the proceedings therein.(prayer in Crl OP No.4710 of 2019). (i) to call for the records in CC No.94 of 2009 on the file of the learned Judicial Magistrate I, Coimbatore, quash the proceedings therein.(prayer in Crl OP No.4748 of 2019). For Petitioner( in both Crl Ops):Mr.C.S.Dhanasekaran For Respondent( in both Crl Ops):Mr.R.Vinothraja, GA COMMON ORDER These petitions have been filed under Section 482 Cr.P.C., to call for the records in CC Nos.94 & 95 of 2009 on the file of the learned Judicial Magistrate I, Coimbatore, and to quash the proceedings therein.

2.Heard the learned Counsel for the Petitioner and the learned Government Advocate(Crl.side) appearing for the Respondent.

3.When the case in Crl OP No.4710 of 2019 was posted for clarification, Mr.R.Vinothraja, learned Government Advocate(Crl.side) submitted that CC Nos.94 & 95 of 2009 were already quashed by this Court based on the order passed in Crl OP Nos.28952 & 28953 of 2010 dated 24.01.2019. Based on the said order, the learned Judicial Magistrate I, Coimbatore had already disposed of both the cases in CC Nos.94 & 95 of 2009 on 10.05.2019.

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4.Further, the learned Counsel for the Petitioner submitted that the case in Crl OP No.4710 of 2019 alone was posted on 18.04.2022. Therefore, Registry was directed to print the connected case in Crl OP No.4748 of 2019 also in the cause list alongwith Crl OP No.4710 of 2019 and posted both the cases on 19.04.2022. Accordingly, both the cases had been posted today for hearing.

5.As already submitted by the learned Government Advocate(Crl.side), that the learned Judicial Magistrate I, Coimbatore had already disposed of CC Nos.94 & 95 of 2009, based on the orders passed in Crl OP Nos.28952 & 28953 of 2010 dated 24.01.2019, these petitions are also allowed. 6.In view of the orders already passed in Crl OP Nos.28952 & 28953 of 2010 dated 24.01.2019, these Criminal Original Petitions are allowed.

Consequently, connected miscellaneous petitions are closed.

The order may be communicated to the learned Judicial Magistrate I, Coimbatore. s/d- Assistant Registrar True Copy Sub-Assistant Registrar To

1. The Judicial Magistrate No.I Coimbatore

2. The Food Inspector, City Municipal Corporation, Coimbatore.

3.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.C.S.Dhanasekaran, Advocate sr 26472. Crl.OP No.4710 & 4748 of 2019 MT(CO) SP(13/05/2022) https://hcservices.ecourts.gov.in/hcservices/