Madras High CourtCRL OP(MD)/1518/2017closed

Mala v. The Inspector Of Police

2018-09-10Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P[MD]No.1518 of 2017 Mala : Petitioner Vs.

The State rep. by The Inspector of Police, District Crime Branch, Anti Land Grabbing Wing, Ramanathapuram District.

: Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for the records relating to the impugned order of the respondent in FR.No.08/15/RC.No.08/15 dated 01.06.2015 passed by the respondent and set aside the same by directing the respondent to conduct investigation based on the FIR dated 02.01.2013 in Crime No.1 of 2013 on the file of the respondent by strictly following the due process of law. For Petitioner : Mr.B.Prahalad Ravi For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)

O R D E R

************ This petition has been filed challenging the closure report filed by the respondent police in Crime No.1 of 2013. The FIR was registered for offences under Sections 406, 420, 465, 468 and 471 r/w. 120(b) of I.P.C. The respondent police after investigation have filed a closure report before the Special Court, Ramanathapuram on 01.06.2015 and also served an RCS [Referred Charge Sheet] notice to the petitioner. The petitioner, instead of prosecuting the case by filing a protest petition, has chosen to file this Criminal Original Petition before this Court. 2.The Special Court for Land Grabbing, Ramanathapuram is directed to transfer the entire case records in Crime No.1 of 2013 to the file of the learned Judicial Magistrate, Paramakudi, within a period of one [1] month from the date of receipt of a copy of this order.

3.The petitioner is given liberty to file a protest petition before the learned Judicial Magistrate, Paramakudi, after the case records reaches the concerned Court. The petitioner is at liberty to raise all the grounds and prosecute the case in accordance with law.

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4.The Criminal Original Petition is disposed of, with the above direction.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-II) To

1. The Special Court for Land Grabbing, Ramanathapuram.

2. The Judicial Magistrate, Paramakudi.

3. The Inspector of Police, District Crime Branch, Anti Land Grabbing Wing, Ramanathapuram District.

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

+1cc to Mr.B.Prahalad Ravi, Advocate Sr.No.84008 mr VB/RP/SAR2/28.09.2018/2P/6C Crl.O.P.[MD]No.1518 of 2017 10.09.2018 https://hcservices.ecourts.gov.in/hcservices/