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Madras High CourtCRL OP/21970/2019disposed of

Boustamin v. The Sub Divisional Magistrate (South),

2023-03-27Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE SUNDER MOHAN and Crl.M.P.No.11397 of 2019 1.Boustamin 2.Seenuvasamoorthy 3.Arumugam 4.A.Kamala

...Petitioners

-Vs1.The Sub-Divisional Magistrate (South), Villianur, Puducherry.

2.The Station House Officer, Villianur Police Station, Villianur, Puducherry.

3.Maria Susai ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records of the 1st respondent in M.C.No.468 of 2019 dated 06.08.2019 and to quash the same. 1/4

For Petitioner : Mr.K.Sasindran For R1 & R2 : Mr.M.V.Ramachandramurthy Additional Public Prosecutor.

For R3 : Mr.A.Gouthaman

ORDER

This Criminal Original Petition has been filed to quash the proceedings in M.C.No.468 of 2019 dated 06.08.2019. 2.It is submitted by the learned counsels on either side that the 3rd respondent had filed the suit for declaration and permanent injunction in O.S.No.188 of 2015 on the file of the Principal Sub-Court, Puducherry. The said suit was dismissed and the 3rd respondent has filed an appeal in A.S.No.5 of 2020 on the file of the III Additional District Court, Puducherry and the same is pending. Since the issue as to whether the petitioners or the 3rd respondent is in possession is pending before the Civil Court, the proceedings before the 2nd respondent / Sub-Divisional Magistrate, to determine as to who is in possession would be a futile exercise.

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3.Further, the learned Additional Public Prosecutor for the 1st respondent / Sub-Divisional Magistrate (South), Villanur, Puducherry, submitted that the proceedings under Section 145 Cr.P.C was revoked as early as on 21.08.2019.

4.In view of the above, no orders are required in the above quash petition and the same is disposed of accordingly. Consequently, connected Criminal Miscellaneous Petition is closed. 27.03.2023 smv Internet: Yes Index : Yes/No Speaking/Non Speaking order To 1.The Sub-Divisional Magistrate (South), Villianur, Puducherry.

2.The Station House Officer, Villianur Police Station, Villianur, Puducherry.

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SUNDER MOHAN,J.

smv and Crl.M.P.No.11397 of 2019 27.03.2023 4/4