Madras High CourtCRL OP(MD)/6663/2019dismissed for nonprosecution

Sundaramoorthi v. Chelladurai

2022-02-21Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.6663 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2022 CORAM :

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.6663 of 2019 and Crl.MP(MD)No.4481 of 2019 Sundaramoorthi ... Petitioner/Respondent/Accused Vs.

1.Chelladurai ... 1st Respondent/Petitioner/P/W/1 2.The Assistant Commissioner of Police, Fort Police Station, Trichy.

(Crime No.1017 of 2011) ... 2nd Respondents/2nd Respondent Defacto Complainant Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to call for entire records and set aside the order passed by the learned 1st Additional District and Sessions Judge (PCR), Trichirappali, in Crl.M.P.No.515 of 2019 in Spl.S.C.No.5 of 2012, dated 26.03.2019.

For Petitioner : No Appearance For R1 : No Appearance For R2 : Mr.SS.Madhavan Government Advocate (Crl.Side)

O R D E R

This petition is filed seeking quashment of the order passed by the learned 1st Additional District and Sessions Judge (PCR), Trichirappali, in Crl.M.P.No.515 of 2019 in Spl.S.C.No.5 of 2012, dated 26.03.2019.

2.Even though, the petition has been filed by one Mr.T.Senthil Kumar, learned Advocate, on behalf of the petitioner, he withdrew his vakalat. Hence, notice was sent to the petitioner. Inspite of issuance of notice and name of the petitioner was printed in the cause list, there is no appearance for the petitioner. 3.The learned Government Advocate (Crl.Side) drew the attention to paragraph No.7 of the common order passed by the 1st Additional District & Sessions Judge (PCR), Tiruchirapalli, in Crl.MP.No. 512 of 2018 and Crl.MP.No.515 of 2019, wherein it has been specifically https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.6663 of 2019 stated that local inspection will not make any impact upon the case since wall has been constructed much prior to the issue. 4.In view of the submission made by the learned Government Advocate (Crl.Side), I find no merits in this petition accordingly, this Criminal Original Petition is dismissed for non-prosecution. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The 1st Additional District and Sessions Judge (PCR), Trichirappali.

2.The Assistant Commissioner of Police, Fort Police Station, Trichy.

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

Crl.O.P.(MD)No.6663 of 2019 and Crl.MP(MD)No.4481 of 2019 21.02.2022 RS(04.03.2022) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2