Madras High CourtCRL OP(MD)/5039/2021closed

Athisayam @ Athisayapandi v. The Sub Divisional Executive Magistrate Cum Assistant Collector

2023-04-05Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN and Crl.M.P(MD)Nos.2887, 2888 of 2021 Athisayam @ Athisayapandi ... Petitioner Vs

1. The Sub Divisional Executive Magistrate Cum Assistant Collector, Tirunelveli.

2. The Inspector of Police, Sivathipatti Police Station, Tirunelveli District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to quash the impugned notice issued by the Sub Divisional Executive Magistrate cum Assistant Collector,Tirunelveli vide his proceedings in A5/M.C.08/2021(107), dated 10.2.2021. For Petitioner : Mr. S.M.Anantha Murugan For Respondents : Mr.M.Muthu Manikkam Government Advocate (Crl.Side) 1/4

ORDER

The Criminal Original Petition has been filed to quash the impugned notice issued by the first respondent/Sub Divisional Executive Magistrate cum Assistant Collector,Tirunelveli vide his proceedings in A5/M.C.08/2021(107), dated 10.2.2021.

2.The petitioner has challenged the impugned notice issued by the first respondent under Section 107 r/w 111 of Cr.P.C. As per the provisionS under Section 116 of Cr.P.C, the said proceeding has to be completed within a period of six months, from the date of its commencement. Further, the period is one year from the issuance of notice. Hence, the entire period has been lapsed and there is no further adjudication required in this matter.

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3.In view of the above facts, this Criminal Original Petition is closed. Consequently, connected miscellaneous petitions are closed. 05.04.2023 NCS:Yes/No Internet:Yes Index:Yes/No PNM To

1. The Sub Divisional Executive Magistrate Cum Assistant Collector, Tirunelveli.

2. The Inspector of Police, Sivathipatti Police Station, Tirunelveli District.

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

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K.K. RAMAKRISHNAN, J.

PNM ORDER IN and Crl.M.P(MD)Nos.2887, 2888 of 2021 05.04.2023 4/4