Mr.Sathiyamoorthy, M/42 Years v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.07.2021

CORAM:

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN Crl.R.C.No.638 of 2017 and Crl.M.P.No.5754 of 2017 Sathiyamoorthy ... Petitioner/Petitioner Vs.

State represented by

1. The Inspector of Police, Central Crime Branch, Egmore, Chennai - 600 008.

(Crime No.1193 of 2011) ... 1st Respondent/ Defacto Complainant

2. Dr.Thirumangai (2ndRespondent him pleaded as per the order of this Court dated 28/04/2017 in Crl.M.P.No.6232 of 2017 in Crl.R.C.No.638 of 2017).

... 2nd Respondent/ Defacto Complainant PRAYER : Petition filed under Section 397 read with 401 of the Criminal Procedure Code, to call for the records in Crl.M.P.No.3344 of 2016 in C.C.No.160 of 2013 pending on the file of the Judicial Magistrate Court, Alandur and set aside the order dated 15.02.2017.

For Petitioner : No Appearance For Respondents : Mr.R. Vinoth Raja, for R1 Government Advocate R2 - Ms.Prithvi, legal aidcounsel

O R D E R

The matter is heard through "Video Conference". 2.

There is no representation for the petitioner. Heard, the learned Government Advocate appearing for the first respondent.

3.

Based upon the complaint given by the defacto https://hcservices.ecourts.gov.in/hcservices/

complainant viz., D.Thirumangai, a case was registered in Crime No.1193 of 2011 and after investigation, a charge sheet was filed for the offence under Sections 386, 342, 506(ii), 420 r/w 120 of IPC against one S.V.Ravichandran and others. 4.

The revision petitioner viz., Sathiyamoorthy, is said to be the power agent - original land owner, arrayed as accused No.3, has filed a petition under Section 239 Cr.P.C., to discharge him from C.C.No.160 of 2013 and the said petition was dismissed by the learned Judicial Magistrate, Alandur holding that there is sufficient material to proceed against the accused and accordingly, dismissed the petition.

5.

The learned Government Advocate stated that in the Trial, P.W.12 has been examined and the matter has been posted for examination of IO. Due to Covid, the case could not be proceeded.

6.

In view of the fact that the entire private prosecution witnesses and official witnesses have been completed except IO, I find nothing survives in the matter for adjudication and accordingly, this criminal revision is closed with a direction to the learned Judicial Magistrate, Alandur to complete the case in C.C.No.160/2013, within a period of 12 weeks from the date of receipt of copy of this order. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(L.A) //True Copy// Sub Assistant Registrar AT To 1.

The Inspector of Police, Central Crime Branch, Egmore, Chennai - 600 008.

2.

The Judicial Magistrate Court, Alandur.

3. The Public Prosecutor, High Court Madras.

Crl.R.C.No.638 of 2017 and Crl.M.P.No.5754 of 2017 SMI(CO) CT(10/08/2021) https://hcservices.ecourts.gov.in/hcservices/