Madras High CourtCRL OP(MD)/3454/2017disposed of

S.Navaneethakrishnan, v. The Sub-Inspector Of Police,

2017-03-24Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.3454 of 2017 and Crl.M.P.(MD)No.2588 of 2017 S.Navaneethakrishnan : Petitioner -Vs1.The Sub-Inspector of Police, Anti-Land Grabbing Special Cell, Tirunelveli City.

.. 1st Respondent/Complainant 2.N.Jayanthi :2nd Respondent/Defacto Complainant PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code praying to call for the records in pursuant to the proceedings of the First Information Report in Crime No.42 of 2012 on the file of the first respondent dated 16.03.2012 and quash the same as devoid of merits.

For Petitioner : Mr.S.Selvakumar For Respondent No.1 : Mr.K.Anbarasan, Government Advocate (Crl.side) **********

O R D E R

When the matter was taken up for hearing, Mr.M.Janakiraman, Special Sub-Inspector of Police, Anti Land Grabbing Special Cell, Tirunelveli City, is present in Court today. On instructions, the learned Government Advocate (Criminal side) submitted that the investigation in Crime No.42 of 2012 has been completed and charge sheet has been made ready on 17.06.2015, but, since it is a land grabbing case, the police have not submitted the final report to the learned Special Magistrate for Land Grabbing Cases, Tirunelveli, because, the Hon'ble Supreme Court has granted stayed all proceedings before the learned Special Magistrate for Land Grabbing Cases in Tamil Nadu, as the constitution of the said Court is under challenge before the Apex Court.

2. It is seen that the accused is 60 years old and any further delay will not only cause prejudice to the accused but also to the defacto complainant.

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3. Therefore, this Court directs the first respondent police to file the final report in Crime No.42 of 2012 before the learned

Judicial Magistrate No.I, Tirunelveli, which is said to be the Jurisdictional Court. The learned Judicial Magistrate No.I, Tirunelveli, is directed to take on file the final report in Crime No.42 of 2012 and deal with the same in accordance with law.

4. This Criminal Original Petition is disposed of with the above direction. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Records) /True Copy/ Sub-Assistant Registrar To 1.TheJudicial Magistrate No.I, Tirunelveli.

2.The Sub-Inspector of Police, Anti-Land Grabbing Special Cell, Tirunelveli City.

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

SML RL/4C/2P/SKN/SAR2/7.4.2017 Order made in CRL.O.P.(MD)No.3454 of 2017 Dated: 24.03.2017 https://hcservices.ecourts.gov.in/hcservices/