Mr.B.Kannan v. Dr.M.Rajaram Narayanan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 16862 of 2014 and Crl.M.P.Nos.1 & 3 of 2014 1.B.Kannan 2.G.Ganesan 3.C.Radhakrishnan 4.M.S.Sekhar 5.D.Venkatajalapathi .. Petitioners/Accused Vs.

Dr.M.Rajaram Narayanan .. Respondent/Complainant Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records in CC.No.67 of 2013 pending on the Judicial Magistrate, Ambattur at Chennai and quash the same.

For Petitioners : Mr.S.Ilamvaludhi For Respondent : Mr.P.Anbarasan

O R D E R

This Criminal Original Petition has been filed seeking to quash the C.C.No.67 of 2013 pending on the file of the Judicial Magistrate, Ambattur.

2. The learned counsel for the petitioner would submit that the petitioners are all President, Secretary and Treasurer of the Rose Flat Owners Welfare Association, Mogapair, Chennai. The respondent is cousin brother of one Asa, residing at Rose Flat. The said Asa caused trouble to the neighbours and refused to pay amenities. On 28.09.2012 and 29.09.2012, an unknown person stayed in her flat in a suspicious manner and caused trouble. On 01.10.2012, she vacated the premises. Thereafter, one Varadharajan lodged a complaint before the Inspector of police, Nolumbur Police Station and a case has been registered in Crime No.1988 of 2012 and that is pending before the Judicial Magistrate, Ambattur in C.C.No.67 of 2013. On 08.10.2012 the respondent lodged a complaint before the Inspector of Police, Nolambur Police Station against the petitioners that his sister was created as prostitute. Thereafter, the police called both the parties and enquired the same.

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3. The learned counsel for the respondent would submit that the petitioners have asked her to vacate the premises. He would further submit that there is nothing survives in this complaint in C.C.No. 67 of 2013.

4. Considering the facts and circumstances of the case, this Court is of the opinion that no useful purpose will be served in keeping the Calendar Case is pending, and this Court is inclined to quash the proceedings in C.C.No.67 of 2013 pending on the file of the Judicial Magistrate, Ambattur.

5. Accordingly, this Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mpa/lpp To The Judicial Magistrate, Ambattur, Chennai +1cc to Mr.S.Ilamvaludhi , Advocate, S.R.No.21299 Crl.O.P.No. 16862 of 2014 and Crl.M.P.Nos.1 & 3 of 2014 GJ II(CO) RRS(15/04/2019) https://hcservices.ecourts.gov.in/hcservices/