Madras High CourtCRL OP(MD)/6856/2020disposed of

Suseela v. The Sub Divisional Magistrate Cum Revenue Divisional Officer

2020-06-30Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2020

CORAM:

THE HONOURABLE MR. JUSTICE B.PUGALENDHI Crl.O.P.(MD).No.6856 of 2020 and Crl.M.P.(MD).Nos.3418 and 3419 of 2020 1.Suseela 2.Sankaralingam ... Petitioners/A Party Vs.

1.The Sub Divisional Magistrate cum Revenue Divisional Officer, Sankarankovil, Tenkasi District.

2.The Inspector of Police, Sankarankovil Taluk Police Station, Sankarankovil, Tenkasi District. ...Respondents No 1&2/Complainants 3.Samraj 4.Anandaraj ... Respondents 3&4/B Party PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the impugned proceedings in A3/M.C.01/2020 (145), dated 01.06.2020 on the file of the first respondent and quash the same as against the petitioners herein.

For Petitioners : Mr.T.Indrachithu For R1 & R2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor

O R D E R

The criminal original petition has been filed to quash the impugned proceedings of the first respondent in A3/M.C.01/2020 (145), dated 01.06.2020.

2. Heard the learned counsel for the petitioners and Mr.K.K.Ramakrishnan, learned Additional Public Prosecutor for the respondents 1 and 2.

3. The order under challenge in this petition is only a show cause notice issued under Section 145 of Cr.P.C., by the first respondent / the Sub Divisional Magistrate cum Revenue Divisional Officer, Sankarankovil, Tenkasi District, pursuant to the occupation of public property. Hence, this Court is not inclined to quash the entire proceedings of the first respondent. However, liberty is granted to the petitioner to submit his reply before the first respondent within a period of two weeks from the date of receipt of a copy of this order and on such reply, the first respondent shall take appropriate action in accordance with law, within a period of four weeks thereafter.

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4. With the above observations, the Criminal Original Petition is disposed of. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (ADII) // True Copy // / /2020 Sub Assistant Registrar(CS) akv 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 Sub Divisional Magistrate cum Revenue Divisional Officer, Sankarankovil, Tenkasi District.

2.The Inspector of Police, Sankarankovil Taluk Police Station, Sankarankovil, Tenkasi District.

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

Crl.O.P.(MD).No.6856 of 2020 30.06.2020 KB(07.07.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/