← Library
Madras High CourtCRL OP/26115/2019dismissed

Chinnasamy v. The Executive Magistrate - Cum-

2020-03-04Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No. 26115 of 2019 Chinnasamy

...Petitioner

Vs.

1. The Executive Magistrate-cum-Revenue Tahsildar, Thittagudi Taluk Office, Thittagudi, Cuddalore District.

2. The Sub Inspector of Police, Avinankudi Police Station, Cuddalore District.

3. Samidurai

4. Ravi

5. Rasathy

6. Chandrakasu

7. Valliyammal

8. Manikandan

9. Ramasamy

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to pass appropriate order by considering the representation of the petitioner dated 09.09.2019 in accordance with law to secure the ends of justice.

For Petitioner : Mr.M.Velmurugan For Respondents: Mr.M.Mohamed Riyaz, Additional Public Prosecutor for R1 & R2 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This Criminal Original Petition has been filed for a direction to direct the first respondent to pass appropriate orders by considering the representation of the petitioner dated 09.09.2019.

2. On a perusal of the representation, it is seen that the petitioner has sought to cancel the ex-parte order dated 09.05.2019 passed by the learned Executive Magistrate. The petitioner ought to have challenged the order passed by the learned Executive Magistrate in the proceedings arising out of Section 145 of Cr.P.C, instead he has sent a representation to the police officials and seeks to set aside the same.

3. Therefore, the prayer sought for by the petitioner in this Criminal Original Petition cannot be granted and hence the same is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kv To

1. The Executive Magistrate-cum-Revenue Tahsildar, Thittagudi Taluk Office, Thittagudi, Cuddalore District.

2. The Sub Inspector of Police, Avinankudi Police Station, Cuddalore District.

3. The Public Prosecutor, High Court Madras.

CRL.O.P.No. 26115 of 2019 PA(CO) RN(26/05/2020) https://hcservices.ecourts.gov.in/hcservices/