Madras High CourtCRL OP(MD)/10373/2021disposed of

Divan Kather v. The Inspector Of Police

2021-08-02Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD)No.10373 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :02.08.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.10373 of 2021 and Crl.M.P(MD).No.5312 of 2021 1.Divan Kather 2.Salman Mohideen 3.Gaffoor Ali ... Petitioners/Accuseds Vs.

1.State Represented through The Inspector of Police, Tenkasi Police Station, Tenkasi.

(Crime No:107 of 2021) ...1st Respondent/Complainant 2.Shahul Hamed ...2nd Respondents/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in Crime No.107 of 2021 on the file of the first respondent herein and quash the proceedings in so far as it relates to the petitioner herein. For Petitioners : Mr.N.Shyllappa Kalyan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R1

ORDER

This Criminal Original Petition has been filed to call for the records in Crime No.107 of 2021 on the file of the first respondent herein and quash the proceedings.

2.The learned counsel for the petitioners submitted that due to property dispute a false has has been foisted against the petitioners. He further submitted that the first petitioner got a job in aboard and he wants to leave the country. Therefore, this Court may issue a direction to the Court below to dispose of the case in C.C.No.81 of 2021, within the time limit prescribed by this Court.

3.The learned Additional Public Prosecutor on instructions submitted that the investigation has been completed and final report was filed before the Judicial Magistrate, Tenkasi and same has been taken on file in C.C.No.81 of 2021.

4.Taking into consideration the facts and circumstances of this case, there shall be a direction to the learned Judicial Magistrate, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.10373 of 2021 Tenkasi, to dispose of the case in C.C.No.81 of 2021, within a period of six months from the date of receipt of copy of this order. With the above directions, the Criminal Original Petition is disposed of. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) tta 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 learned Judicial Magistrate, Tenkasi.

2.The Inspector of Police, Tenkasi Police Station, Tenkasi.

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

+1 CC to M/s.N.SHYLLAPPA KALYAN, Advocate ( SR-25094[F] dated 03/08/2021 ) Crl.O.P(MD)No.10373 of 2021 02.08.2021 CM(CO) KB(10.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2