← Library
Madras High CourtCRL RC(MD)/322/2021dismissed

Ponnusamy v. The Inspector Of Police

2023-11-23Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 23.11.2023

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.R.C(MD). No.322 of 2021 and Crl.M.P(MD).Nos.3164 and 4633 of 2021 Ponnusamy ... Petitioner Vs.

State represented by Inspector of Police, Anti Land Grabbing Special Cell, Nagercoil, (Cr.No.57 of 2013) ... Respondent PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401 of Cr.P.C., to call for the entire records relating to the Order passed by the Learned Special Judicial Magistrate for Anti Land Grabbing Cases, Tirunelveli in Crl.M.P.No.2074/2021 in C.C.No.1 of 2015 dated 15.03.2021 and set aside the same.

For Petitioner : Mr.R.Maheswaran For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor 1/4

ORDER

This petition has been filed to set aside the order passed by the learned Special Judicial Magistrate for Anti Land Grabbing Cases, Tirunelveli in Crl.M.P.No.2074/2021 in C.C.No.1 of 2015 dated 15.03.2021.

2. Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor, on instructions, submitted that during the pendency of the revision, the trial commenced before the trial Court, all the witnesses were examined and the said case posted for arguments. Therefore, at this stage the discharge petition before is not maintainable as per the law laid down in AIR 1973 SC 799. Accordingly, this Criminal Revision Case stands dismissed. Consequently, connected Criminal Miscellaneous Petition are dismissed. 23.11.2023 NCC : Yes/No Index : Yes/No Internet: Yes/No sbn 2/4

To

1. The Special Judicial Magistrate for Anti Land Grabbing Cases, Tirunelveli.

2. The Inspector of Police, Anti Land Grabbing Special Cell, Nagercoil.

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

4. The Section Officer, Criminal Section(Records), Madurai Bench of Madras High Court, Madurai.

3/4

K.K.RAMAKRISHNAN, J.

sbn Crl.R.C(MD). No.322 of 2021 and Crl.M.P(MD).Nos.3164 and 4633 of 2021 23.11.2023 4/4