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Madras High CourtCRL OP/20670/2016withdrawn dismissed

Jolly Sarkar v. Smt. Pushpa,W/O.Late Rajamani,

2016-09-15Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.20670 of 2016 and Crl.M.P.No.9616 of 2016 Jolly Sarkar .. Petitioner Vs.

1. Pushpa

2. Officer in Charge Kottakuppam Police Station

3. The Inspector of Police Anti-Land Grabbing Crime Cell, Villupuram District, Villupuram.

4. The Superintendent of Police, Anti-Land Grabbing Crime Cell, Villupuram District, Villupuram.

.. Respondents PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for the records of FIR No.32/2013 dated 22.08.2013 under Sections 420, 423, 447, 464, 467, 468, 471, 294 (b), 506(i) read with 120(b) IPC, registered at 3rd respondent office / The Inspector of Police, Anti-Land Grabbing Crime Cell, Villupuram, Villupuram District and consequential proceedings arising there from and to quash the same.

For Petitioner : Mr.R.Venkatesulu For R2 to R4 : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed praying to call for the records of FIR No.32/2013 dated 22.08.2013 under Sections 420, 423, 447, 464, 467, 468, 471, 294(b), 506(i) read with 120(b) IPC, registered at 3rd respondent office / The Inspector of Police, Anti-Land Grabbing Crime Cell, Villupuram, Villupuram District and consequential proceedings arising therefrom and to quash the same.

2.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for respondents 2 to 4.

3.

When the matter was taken up for hearing, learned Additional Public Prosecutor submitted that investigation in FIR No.32 of 2013 has been completed and final report has been filed before the Special Magistrate, Anti-Land Grabbing Crime Cell, Villupuram and the same has not been taken on file in view of the order of interim stay granted by the Supreme Court. Learned counsel for the petitioner sought permission of this Court to withdraw this Criminal Original Petition.

4.

Recording the same, this Criminal Original Petition is dismissed as withdrawn with liberty to the petitioner to work out his remedy in the manner known to law. However, this Court directs the Special Magistrate, Anti Land Grabbing Cell, Villupuram to transfer the final report and documents in Crime No.32 of 2013 to the file of the Judicial Magistrate, Vanur, who is said to have jurisdiction, within a period of four weeks from the date of receipt of a copy of this order. On receipt of the same, the Judicial Magistrate, Vanur, shall pass appropriate orders on the final report.

Consequently connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To

1. Officer in Charge Kottakuppam Police Station

2. The Inspector of Police Anti-Land Grabbing Crime Cell Villupuram District, Villupuram

3. The Superintendent of Police Anti-Land Grabbing Crime Cell Villupuram District, Villupuram.

4. The Special Magistrate Anti-Land Grabbing Crime Cell Villupuram

5. The Judicial Magistrate Vanur, Villupuram

6. The Public Prosecutor High Court, Madras.

+1cc to M/S.Usha Ramman, Advocate Sr.52613 CRL.OP.No.20670 of 2016 nr[co] srg 15/09/2016