Madras High CourtCRL OP/7659/2010closed

D.Doss v. Inspector Of Police

2016-09-21Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.7659 of 2010 and MP.No.1 of 2010 D.Doss .. Petitioner Vs State by Inspector of Police B15, Rathinapuri Police Station, Coimbatore.

.. Respondent PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for the records in Crime No.801 of 2010 on the file of the Respondent police and quash the same. For Petitioner : Mr.R.Shanmugasundaram for Mr.L.Baskaran For Respondent : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed praying to call for the records in Crime No.801 of 2010 on the file of the Respondent police and quash the same.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. It is seen that the respondent police registered a case in Crime No.801 of 2010 under Section 145 Cr.P.C and referred the matter to the Revenue Divisional Officer, Coimbatore. Immediately thereafter, the petitioner has filed the present application and obtained interim stay even without impleading the Revenue Divisional Officer as a respondent. On account of this stay all further proceedings before the Revenue Divisional https://hcservices.ecourts.gov.in/hcservices/

Officer has come to a stand still. Matters relating to breach of peace has to be dealt with immediately. On account of passage of time, the entire proceedings become infructuous.

4. Recording the same, this Court directs the Revenue Divisional Officer to close the proceedings under Section 145 Cr.P.C. in pursuant to the FIR in Crime No.801 of 2010. If there is breach of peace. Now it is open to the authorities to initiate fresh action under Section 145 Cr.P.C. With the above observations, this petition is closed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mk To

1. The Inspector of Police B15, Rathinapuri Police Station,Coimbatore.

2. The Public Prosecutor, High Court, Madras.

3. The Revenue Divisional Officer, Coimbatore. +1 CC to Mr. R. Bharathkumar, Advocate Sr.No.53606 +1 CC to Mr. L. Baskaran, Advocate Sr.No.53417 CRL.OP.No.7659 of 2010 GJ (CO) MD : 26/10/2016 https://hcservices.ecourts.gov.in/hcservices/