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Madras High CourtCRL OP(MD)/1727/2014allowed

Thirunavukkarasu v. The Inspector Of Police

2016-08-31Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD) No.1727 of 2014 and MP(MD)No.1 & 2 of 2014

1. Thirunavukkarasu

2. Anbu Elil Roja ... Petitioners/A1 & A2 -vs1.

State rep. by The Inspector of Police, E-3, Anna Nagar Police Station, Madurai District.

(Crime No271/2012) ... Respondent/Respondent 2.

Jothilakshmi ... Respondent/Defacto Complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records pertaining to the Charge Sheet in C.C.No.287 of 2013 on the file of the Judicial Magistrate No.6, Madurai and quash the same.

For Petitioners :

Mr.R.Venkatesan For R1 :

Mr.P.Kandasamy Govt. Advocate (Crl.Side) ******

O R D E R

This petition has been filed, seeking to quash the Charge Sheet in C.C.No.287 of 2013 pending on the file of the learned Judicial Magistrate No.6, Madurai.

2. On the complaint of the 2nd respondent / defacto complainant, the 1st respondent has registered a case against these petitioners in Crime No.271 of 2012 on 18.07.2012 for offences under Sections 147, 448, 294(b) and 506(ii) IPC r/w Section 4 of TNPWH Act, 1998 and subsequently, it was altered into Sections 448, 294(b) and 506(i) IPC r/w Section 4 of TNPWH Act, 1998.

3. It is pointed out by the learned counsel for the petitioners that the petitioners herein are tenants of the 2nd respondent and they were asked to vacate the house without following the due process of law; the petitioners gave a representation to the higher officials and a Civil Suit is pending in O.S.No.113 of 2010 in R.C.O.P.No.12 of 2012 before the Madurai District Taluk Court; the petitioners also filed a writ petition in W.P.No.6500 of 2012 forbearing the 1st respondent therein from https://hcservices.ecourts.gov.in/hcservices/

interfering in the civil dispute; in the said writ petition, it was represented by the 1st respondent that the matter was referred to the Superintendent of Police, Madurai and therefore, the writ petition was closed.

3.1. It is further pointed by the learned counsel for the petitioners that subsequently on 18.07.2012, the 1st respondent registered a case against the petitioners and filed an absconding charge sheet before the learned Judicial Magistrate No.6, Madurai

4. Learned Government Advocate (Crl.Side) has produced a letter addressed to the 1st respondent herein by the 2nd respondent / defacto complainant, in which it has been stated that the petitioners have already handed over the vacant possession of the property nine months back and she is now in possession of the property and therefore, she has no objection in quashing the charge sheet.

5. In view of the letter submitted by the defacto complainant to the 1st respondent, which is dated 30.08.2016, this Court can safely infer that there is no point in keeping this matter pending.

6. Under such circumstances, this Criminal Original Petition is allowed and the entire proceeding in C.C.No.287 of 2013 on the file of the Judicial Magistrate No.6, Madurai in respect of the petitioners is hereby quashed.

Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(AS) /TRUE COPY/ Sub Assistant Registrar To:

1.

The Judicial Magistrate No.6, Madurai.

2.

The Inspector of Police, E-3, Anna Nagar Police Station, Madurai District.

3.

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

+1cc to M/S.R.VENKATESAN,ADVOCATE SR NO: 49321 ar JA-SKS-RR-07.10.2016-2P:5C Crl.O.P.(MD) No.1727 of 2014 31.08.2016 https://hcservices.ecourts.gov.in/hcservices/