Madras High CourtCRL OP(MD)/4740/2021closed

M.Soundar v. The Superintendent Of Police

2021-06-16Honourable Mr Justice G.Ilangovan2 pages

CRL.O.P(MD).No.4740 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :16.06.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN CRL.O.P(MD).No.4740 of 2021 and Crl.M.P(MD).No.2691 of 2021 M.Soundar, S/o.Malayalam ... Petitioner Vs.

1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Land Grabbing Special Cell, Madurai District, Madurai.

3.Ramalakshmanan S/o.R.M.Chettiyar ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the impugned summon under Section 91 of Cr.P.C dated 04.03.2021 issued as against the petitioner by the second respondent and quash the same as against the petitioner.

For Petitioner : Mr.K.Kannan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for RR1 and 2 Mr.Ramsundarvijajaraj for M/s.Veera Associates for R3

ORDER

This Criminal Original Petition has been filed to call for the records pertaining to the impugned summon under Section 91 of Cr.P.C dated 04.03.2021 issued as against the petitioner by the second respondent and quash the same as against the petitioner. 2.The case of the petitioner is that due to land dispute between the petitioner and the third respondent, the third respondent gave a complaint before the first respondent. The first respondent forwarded the said complaint to the second respondent to deal it in accordance with law for necessary action.

3. The learned Additional Public Prosecutor would submit that the investigation was completed and the second respondent registered a FIR in Crime No.7 of 2021 for the offence under Sections 465, 468, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P(MD).No.4740 of 2021 420 and 120 (B) of IPC, wherein the petitioner was arrayed as second accused.

4.The learned counsel for the petitioner submitted on oral observation was made when the matter is taken up for admission, the issue involved in this matter is purely a civil in nature but now the Crime has been registered.

5. In view of the submission made by the learned Additional Public Prosecutor, nothing survives for further consideration in this matter. This Criminal Original petition is disposed with liberty granted to the petitioner to workout his remedy before the appropriate forum at the appropriate time with the proper proceedings. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) tta Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To, 1.The Inspector of Police, All Women Police Station, Pudukottai,Pudukottai District.

2.Latha Head Constable, Civil Supplies, CID Office, Pudukottai, Pudukottai District.

+1 CC to M/s.VEERA ASSO-S.RAMSUNDARVIJAYARA, Advocate ( SR-19467[F] dated 17/06/2021 ) CRL.O.P(MD).No.4740 of 2021 16.06.2021 KB(30.06.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2