Madras High CourtCRL OP(MD)/10623/2015dismissed

Adv. M.P. Hariprasad v. Superintendent Of Police

2015-06-16Honourable Mr Justice S. Nagamuthu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU Crl.O.P.(MD)No. 10623 of 2015 M.P.Hariprasad ... Petitioner/Coplainant Vs.

1. State represented by Superintendent of police Southern Range, Vigilance & Anti Corruption, NCB 24, P.S.Kumarasamy Rajasalai, Raja Annamalaipuram, Chennai.

2. The Deputy Superintendent of Police, Vigilance and Anti-Corruption No.210/1A, Lourdu Annasalai, SP Camp Office Road, Punnai Nagar, Nagercoil, Kanyakumari District.

3. Executive Officers of KaliakkavilaiTown Panchayath, Kanyakumari District, Pin 629 153 4 . Chairman of Kaliakkavilai Town Panchayath, Kanyakumari District.

5. Government Engineers of Kaliakkavilai Town Panchayath, Kanyakumari District.

6. Government Auditors of Kaliakkavilai Town Panchayath, Kanyakumari District.

7. Jayakumar

8. Anilkumar

9. Jayasingh

10. Ponnaian

11. Christhu Raj

12. Rajkuttan

13. Jayaraj

14. Premkumar

15. Dasian

16. David

17. Saravanan

18. Ashokkumar 19.Raju .. Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to set-aside the Order in Criminal Miscellaneous Petition No.680/2015 dated 06/05/2015 on the file of the Honourable Special Judge-Cum-Chief Judicial Magistrate Court at Nagercoil and also consequentially direct the second respondent to register a case and investigate the matter. For Petitioner : Mr.D.Sulif For Respondents : Mr.C.Mayil Vahana Rajendran Additional Public Prosecutor

O R D E R

Challenge in this petition is to the order of the learned Judicial Magistrate, Nagercoil, dismissing a private compliant filed by the petitioner in Cr.M.P.No.680 of 2015. This petition has come up today for admission.

2. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondents and also perused the records carefully.

3. When a specific query was raised as to how the petition under Section 482 Cr.P.C. is maintainable, when the order impugned is a final order, the learned counsel for the petitioner has no plausible explanation to convince the Court regarding its maintainability. Therefore, I hold that the petition is not maintainable.

4. Accordingly this Criminal Original Petition is dismissed with liberty to the petitioner to work out his remedy for appropriate relief.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar PJL/RR To 1.The Special Judge - Cum Chief Judicial Magistrate, Nagarcoil.

2.The Superintendent of police Southern Range, Vigilance & Anti Corruption, NCB 24, P.S.Kumarasamy Rajasalai, Raja Annamalaipuram, Chennai.

3. The Deputy Superintendent of Police, Vigilance and Anti-Corruption No.210/1A, Lourdu Annasalai, SP Camp Office Road, Punnai Nagar, Nagercoil, Kanyakumari District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No. 10623 of 2015 16.06.2015 rg amf RG.26.06.2015 3P.5C.