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Madras High CourtCRL OP/8005/2020dismissed as infructuous

R.Dineshkumar v. The Inspector Of Police

2020-05-29Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.05.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.8005 of 2020 R.Dineshkumar

...Petitioner

Vs.

1. The Inspector of Police, F-3, Nungambakkam Police Station, Chennai.

2. B.Satyanarayan Murthy District Governor - 324-A5 Lion Club International, New No.311, Old.No. 186/1, Appa Rao Garden, "Meenakshi Nilayam", 1st Floor, Choolai, Chennai - 600 112.

3. M.Nandagopal Election Committee Chair Person Flat No.40, Ashirwad, No.12, Puliyur I lane, Trustpuram, Chennai - 600024.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 1st respondent to pass prohibitory orders by prohibiting the respondents 2 and 3 from making gathering i.e., conducting election for the post of 2nd VDG Election in 324-A5 District in Lions Club International, Administrative Office at Flat No.1C, JP Towers, Thirumurthy Nagar Main Road, Nungambakkam, Chennai-600 034 along with 12 to 15 persons by considering the Petitioner's complaint dated 22.05.2020 by taking appropriate action in accordance with law. For Petitioner : Mr.E.Sathiyaraj For Respondent : Mr.S.Chandrasekar Additional Public Prosecutor https://hcservices.ecourts.gov.in/hcservices/

ORDER

(The case has been heard through video conference) This petition has been filed to direct the 1st respondent to pass prohibitory orders by prohibiting the respondents 2 and 3 from making gathering i.e., conducting election for the post of 2nd VDG Election in 324-A5 District in Lions Club International, Administrative Office at Flat No.IC, JP Towers, Thirumurthy Nagar Main Road, Nungambakkam, Chennai-34 along with 12 to 15 persons by considering the petitioner's complaint dated 22.05.2020 by taking appropriate action in accordance with law.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents Police.

3. When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that the complaint of the petitioner sent through registered post on 22.05.2020 was received by the first respondent on 27.05.2020. The complaint is in respect of election which was to be held on 24.05.2020 between 10.00 a.m. and 1.00 p.m. by E-Balloting at Flat No.1C, JP Towers, Thirumurthy Nagar Main Road, Chennai-34. He would submit that the respondent visited the premises on 27.05.2020 and it was found to be closed. Since, the election was alleged to have been conducted on 24.05.2020 by E-balloting, the present prayer in the petitioner has become infructuous.

4. This Court is of the opiniion that the prayer sought for by the petitioner has become infructuous. Hence, the criminal original petition is dismissed as infructuous. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kmm/ksa2 To

1. The Inspector of Police, F-3, Nungambakkam Police Station, Chennai.

2.The Additional Public Prosecutor The High Court of Madras.

Crl.O.P.No.8005 of 2020 VGII(CO) RMP(22/07/2020) https://hcservices.ecourts.gov.in/hcservices/