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Madras High CourtCRL OP(MD)/3294/2020closed

Udayakumar @ Muneeswaran v. The Revenue Divisional Officer

2020-02-25Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD).No.3294 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No. 3294 of 2020 Udayakumar @ Muneeswaran ... Petitioner Vs.

1.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

2.The Assistant Director, Mines and Minerals, Virudhunagar District, Virudhunagar.

3.The State rep. By, The Inspector of Police, Malli Police Station, Virudhunagar District.

... Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the learned Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District to number and taken on file the petitioner's petition under Section 451 and 457 of Cr.P.C., in Crime No.15 of 2019.

For Petitioner : Mr.S.M.Anantha Murugan For Respondents : Mr.S.Chandarasekar Additional Public Prosecutor

O R D E R

The Criminal Original Petition is filed to direct the learned Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District to number and taken on file the petitioner's petition under Section 451 and 457 of Cr.P.C., in Crime No.15 of 2019.

2.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondent Police would submit that a case has been registered in Crime No.15 of 2019 for the offence under Section 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957. He would further submit that the petitioner has to file a petition only before the concerned Special Court and the petition of this nature is not maintainable before this Court.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.3294 of 2020 3.Recording the same, this criminal original petition is closed. However, the petitioner is at liberty to file a fresh petition before the concerned Court.

Sd/- Assistant Registrar (Writs) // True Copy // / /2020 Sub Assistant Registrar(CS) vsg To 1.The Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District.

2.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

3.The Assistant Director, Mines and Minerals, Virudhunagar District, Virudhunagar.

4.The Inspector of Police, Malli Police Station, Virudhunagar District.

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

+1 CC to M/s.S.M.ANATHAMURUGAN, Advocate ( SR-8151[F] dated 25/02/2020 ) Crl.O.P.(MD).No.3294 of 2020 25.02.2020 AP(20/03/2020) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2