K.Ramasamy v. The Executive Magistrate Udumalpet

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.11.2018

CORAM:

THE HON'BLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.23947 of 2018 K.Ramasamy ... Petitioner Vs 1.The Executive Magistrate-cum-Revenue Divisional Officer, Udumalpet.

2.The Inspector of Police, Udumalpet Police Station, Tiruppur Distirct.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to consider the objection of the petitioner dated 04.10.2018 by providing opportunity to the petitioner to put forth his case effectively in accordance with law. For Petitioner : Mr.C.Prabhakaran For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking for a direction to the first respondent to consider the objection made by the petitioner in Section 145 of Criminal Procedure Code, proceedings that is pending on the file of the Executive Magistrate-cum-Revenue Divisional Officer, Udumalpet.

2. The learned counsel for the petitioner would submit that Section 145 proceedings have been initiated by the first respondent and notice dated 04.05.2018, has also been issued to the concerned parties. According to the learned counsel for the petitioner, the petitioner is also one of the affected parties and therefore the petitioner has requested the first respondent to permit the petitioner to participate in the proceedings. Since the same has not been considered, the present petition has been filed before this Court.

3. This Criminal Original Petition is disposed of with a direction to the first respondent to consider the objection made by the petitioner and if the petitioner is a necessary party, to afford an opportunity to the petitioner to participate in the https://hcservices.ecourts.gov.in/hcservices/

145 proceedings. This direction will apply if Section 145 proceedings is still pending. If final orders have already been passed by the first respondent, liberty is given to the petitioner to work out his remedy in accordance with law. With the above direction, this Criminal Original Petition stands disposed of.

-s/d- Assistant Registrar(CS-IX) True Copy Sub-Assistant Registrar nmm/dss To 1.The Executive Magistrate-cum-Revenue Divisional Officer, Udumalpet.

2.The Inspector of Police, Udumalpet Police Station, Tiruppur Distirct.

3.The Public Prosecutor Madras High Court, Chennai.

+1 CC to Mr.C.Prabhakaran, Advocate sr 77727. Crl.O.P.No.23947 of 2018 PP(CO) SP(28/11/2018) https://hcservices.ecourts.gov.in/hcservices/