← Library
Madras High CourtCRL OP(MD)/2368/2023dismissed as infructuous

Diwahar v. The Sub Divisional Magistrate Cum Assistant Collector

2023-03-08Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD)Nos.2120 of 2023 Diwahar ... Petitioner Vs.

1.The Sub Divisional Magistrate cum Assistant Collector, Paramakudi, Ramanathapuram District.

2.The Inspector of Police, Kamudhi Police Station, Ramanathapuram District. ...Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the entire records of the proceedings initiated by 1st respondent in MC No:01/2023 dated 30.01.2023 and quash the said proceedings as against the petitioner. For Petitioners : Mr.Dhilipan Pandian R.L.

For R1 and R2 : Mr.S.Manikandan Government Advocate(Crl Side).

1/4

ORDER

This Criminal Original Petition has been filed to call for the entire records of the proceedings initiated by 1st respondent in MC No:01/2023 dated 30.01.2023 and quash the said proceedings as against the petitioner.

2.When the matter is taken up for hearing, the learned Government Advocate (Crl. Side) would submit that now the date of summon is to appear before the respondent police is 03.02.2023. This petition has been filed by this petitioner on 01.02.2023. Now because of lapse of time, the prayer sought for in this petition has become infructuous. However, liberty is granted to the competent authority to issue fresh summons to the petitioner.

3.In the result, this criminal original petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed. 08.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM 2/4

To 1.The Sub Divisional Magistrate cum Assistant Collector, Paramakudi, Ramanathapuram District.

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

3/4

G.ILANGOVAN ,J.

TM and Crl.M.P.(MD)Nos.2120 of 2023 08.03.2023 4/4