Madras High CourtCRL OP(MD)/7862/2017disposed of

A.Issac Arul, v. The Inspector Of Police,

2017-06-27Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)No.7862 of 2017 A.Issac Arul : Petitioner -VsThe Inspector of Police, Anti-Land Grabbing Special Wing, Nagercoil, Kanyakumari District.

: Respondent PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code praying to direct the Respondents to file a final report in Crime No.91 of 2011 within time frame as fixed by this Hon'ble Court and to direct the Special Judicial Magistrate, Tirunelveli, constituted for Land Grabbing Offences to take cognizance of final report, if it is in order. For Petitioner : Mr.Niranjan S.Kumar For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

Seeking a direction to the respondent to file a final report in Crime No.91 of 2011 within a time frame and to direct the learned Special Judicial Magistrate, Tirunelveli, constituted for Land Grabbing Offences to take cognizance of final report, the petitioner has come up with this petition.

2.When the matter came up for hearing, the learned Government Advocate (Criminal side) for the respondent would submit that the investigation in Crime No.91 of 2011 was completed and charge sheet was filed on 27.09.2014 before the Special Magistrate, Anti Land Grabbing Special Court, Nagercoil, but the same has not been taken on file as the Hon'ble Supreme Court has stayed all the proceedings.

3.It is common knowledge that the Hon'ble Supreme Court has stayed all the proceedings that are pending on the file of the Special Magistrate for Anti Land Grabbing Cases, since the constitutional validity of the constitution of the Court has been challenged before the Hon'ble Supreme Court. Therefore, this Court https://hcservices.ecourts.gov.in/hcservices/

directs the respondent police to file the final report before the jurisdictional Judicial Magistrate, namely, the Judicial Magistrate No.I, Nagercoil as expeditiously as possible. 4.This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To 1.The Special Magistrate, Special Court for Anti Land Grabbing Cases, Nagercoil.

2.The Judicial Magistrate No.I, Nagercoil.

3.-do- through The Chief Judicial Magistrate, Kanyakumari District at Nagercoil.

4.The Inspector of Police, Anti-Land Grabbing Special Wing, Nagercoil, Kanyakumari District.

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

+ 1 CC TO Mr.NIRANJAN.S.KUMAR, ADVOCATE IN SR No. 62330 SJ TE/KKR/SAR-IV : 05/07/2017 : 2P/7C Order made in CRL.O.P.(MD) No.7862 of 2017 27.06.2017 https://hcservices.ecourts.gov.in/hcservices/