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Madras High CourtCRL OP/8046/2019disposed of

Auroville Foundation v. The State Rep By Its,

2019-03-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:26.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8046 of 2019 Auroville Foundation Represented by Ranjithkumar Ramamurthy Auroville Foundation Auroville, Vannur Taluk Villupuram 605 101 ...Petitioner Vs.

1.State by Inspector of Police Auroville Police Station Thiruchitrambalam Vanur, Villupuram District 2.Inspector of Police Anti Land Grabbing Special Cell Villupuram District Villupuram ... Respondents PRAYER:Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records relating to summon notice in Form No.96 No.01/2019 dated 07.02.2019 in crime No.47 of 2018 on the file of the Anti Land Grabbing Special Cell, Villupuram District, 2nd respondent herein and quash the same.

For Petitioner : Mr.K.Sukumaran For Respondents : Mr.M.Mohamed Riyaz Addl. Public Prosecutor

ORDER

This Criminal Original Petition has been filed by the petitioner to call for the records relating to summon notice in Form No.96 No.01/2019 dated 07.02.2019 in crime No.47 of 2018 on the file of the Anti Land Grabbing Special Cell, Villupuram District, 2nd respondent herein and quash the same.

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2.The learned Additional Public Prosecutor would submit that the petitioner is the defacto complainant. The crime No.47 of 2018 has been closed as mistake of fact on 07.02.2019 and closure report submitted before the learned Judicial Magistrate, Vanur. The said information was sent to the defacto complainant. Challenging the said summon notice, the petitioner is before this Court.

3.It seems that the petitioner has challenged the referred charge sheet filed by the 2nd respondent before the learned Judicial Magistrate, Vanur. The same cannot be entertained by this court. The petitioner can very well file a protest petition as against the referred charge sheet before the concerned Magistrate. Hence, the petition is devoid of merits. The petitioner is granted liberty to file a protest petition before the concerned Judicial Magistrate.

4.Accordingly, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar kas To 1.The Judicial Magistrate Vanur 2.Inspector of Police Auroville Police Station Thiruchitrambalam Vanur, Villupuram District 3.Inspector of Police Anti Land Grabbing Special Cell Villupuram District Villupuram 4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.8046 of 2019 +1cc to Mr.K.Sukumaran , Advocate SR.No. 28448 NMI (CO) A.SK(22/04/2019) https://hcservices.ecourts.gov.in/hcservices/