Stephen v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and Crl.M.P.(MD)Nos.4431 and 4432 of 2021 Stephen ... Petitioner Vs.

1.The Inspector of Police, Kollemcode Police Station, (In Crime No.656 of 2020) 2.Aneesh, Village Administrative Officer, 3.The Junior Engineer, Public Works Department, ... Respondents (R3 is suo motu impleaded as per order dated 01.12.2021 in Crl.O.P.(MD)No.8643 of 2021 by GRSJ) Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in P.R.C.No.23 of 2020 pending on the file of the Judicial Magistrate No.II, Kuzhithurai and may quash the same against this petitioner.

For Petitioner : Mr.K.P.Narayanakumar For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 2.The petitioner is said to have encroached and also damaged a water body. That led to registration of Crime No.656 of 2020 on the file of Kollemcode police station. The case was charge sheeted and 1/3

taken on file as P.R.C.No.23 of 2020 on the file of the learned Judicial Magistrate No.II, Kuzhithurai. At this sage, the petitioner came before this Court for quashing the proceedings. 3.I made it clear that unless the petitioner set right and unless he does undo the entire wrong, this Court will not be inclined to take up the matter for hearing. The case was adjourned to enable the petitioner to set right the wrong. 4.Today, when the matter was taken up for hearing, the learned Government Advocate (Crl. Side) produced a certificate issued by the Junior Engineer, PWD, Neyyar Section-II, Kuzhithurai stating that the petitioner at his own cost had set right the damage to the water body to the length of 175 metres. Since the accusation made against the petitioner had already been set right, continuance of the impugned prosecution is not warranted. The impugned proceedings stand quashed and the criminal original petition is allowed. The benefit of this order will enure in favour of the non-petitioning accused also. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (A.D.I) // True Copy // / /2022 Sub Assistant Registrar(CS) ias 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 Judicial Magistrate No.II, Kuzhithurai.

2.The Inspector of Police, Kollemcode Police Station, 3.The Junior Engineer, Public Works Department, 2/3

4.The Village Administrative Officer, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.P.NARAYANA KUMAR, Advocate ( SR-3797[F] dated 02/02/2022 ) 01.02.2022 RD(17.02.2022) 3P 7C 3/3