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Madras High CourtCRL OP/22192/2016dismissed

S.Siva, M/A-39 Years v. The Inspector Of Police

2016-10-04Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.OP.No.22192 of 2016 and Crl.MP.No.10308 of 2016 S.Siva .. Petitioner/Accused Vs The Inspector of Police, S-10, Pallikkaranai Police Station Chennai - 600 100.. ..Respondent/Complainant of Police Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to issue suitable direction to the Judicial Magistrate Court at Alandur, Chennai-16, to issue certified copies No.17789/2007 in CC.No.916/2007 discharge order dated 15.09.2009 and further proceed as per law pending on his file. For Petitioner : Mr.S.Siva Party-in-Person For Respondent : Mr.Mohaned Riyaz Govt. Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed praying for a direction to the Judicial Magistrate, Aladur, to issue certified copy of discharge order dated 15.09.2009 in SR.No.17789 of 2007 in CC.No.916/2007.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.

3. It is the case of the petitioner that he had filed a discharge petition in SR.No.17789 of 2007 in CC.No.916 of 2007 before the Judicial Magistrate, Alandur, in which he has been discharged by the learned Judicial Magistrate on 15.09.2009. Therefore he has approached this Court with the following prayer:

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"To issue suitable direction to the Judicial Magistrate Court at Alandur, Chennai-16, to issue certified copies No.17789/2007 in CC.No.916/2007 discharge order dated 15.09.2009 and further proceed as per law pending on his file and thus render justice."

4. This aspect has already been gone into by this Court in the order dated 26.08.2016 in Crl.OP.No.15110 of 2016. While dealing with Crl.OP.No.15110 of 2016, this Court called for a report from the Judicial Magistrate, Alandur, and report dated 26.07.2016 was received from the Judicial Magistrate, Alandur, in which, the learned Magistrate has stated that no discharge order has been passed on 15.09.2009 as contended by the petitioner.

5. Accepting the report of the learned Judicial Magistrate, Alandur, this Court dismissed the Crl.OP.No.15110 of 2016 on 26.08.2016. Once again the petitioner is re-agitating this matter, which cannot be countenanced.

In the result, the petition is devoid of merits and dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To 1.The Judicial Magistrate Court, Alandur.

2.The Inspector of Police, S-10, Pallikkaranai Police Station Chennai - 600 100 .

3.The Public Prosecutor, High Court, Madras.

Crl.OP.No.22192 of 2016 mp i[co] srg 05/10/2016 https://hcservices.ecourts.gov.in/hcservices/