Madras High CourtCRL MP(MD)/7706/2019disposed of

Vijayaprabhu v. The Inspector Of Police

2019-09-03Honourable Mr Justice G.Ilangovan2 pages

CRL MP(MD) No.7706 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of September Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD) Nos.7706 and 7708 of 2019 IN CRL OP(MD) No.12285 of 2019 VIJAYAPRABHU ... PETITIONER/ PETITIONER IN BOTH PETITIONS Vs 1.THE STATE REP BY THE INSPECTOR OF POLICE, ANTI LAND GRABBING SPECIAL CELL, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

CRIME NO.11 OF 2011 2.K.S.SESASHTIRI ... RESPONDENTS/ RESPONDENTS IN BOTH PETITIONS PRAYER IN CRL MP(MD)No.7706 of 2019 in CRL OP(MD) No.12285 of 2019: Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to Stay all further proceedings in so far as the petitioner is concerned in C.C.No.1 of 2019 pending on the file of the learned Special Judicial Magistrate (land Grabbing Cases) Ramanathapuram pending disposal of main CRL.OP.

PRAYER IN CRL MP(MD)No.7708 of 2019 in CRL OP(MD) No.12285 of 2019: To dispense with the personal appearance of the petitioner alone in the proceedings of the trial in C.C.No.1 of 2019 pending on the file of the learned Special Judicial Magistrate (land Grabbing Cases) Ramanathapuram.

Order : These petitions coming on for orders upon perusing the petitions filed in support thereof and upon hearing the arguments of Mr. N. SATHISH BABU, Advocate for the petitioner in both petitions, and of Mr.K.SUYAMBULINGA BHARATHI Government Advocate ( Crl. Side) for R1 in both petitions, while admitting the CRL OP, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.7706 of 2019 This petition has been filed to stay of all further proceedings in C.C.No.1 of 2019 filed against the petitioner on the file of the learned Special Judicial Magistrate(land Grabbing Cases) Ramanathapuram, pending disposal of the quash petition. 2.

It is seen that the petitioner is arraigned as A17. According to the case of the prosecution the petitioner has drafted the alleged power of attorney. It is seen from the power of attorney document that the petitioner has typed the said document and prepared by one Advocate Silambu Selvan and his seal is also there. Therefore, the petitioner has made out a prima facie case. 3.

Considering the above facts and circumstances of the case, there shall be an order of interim stay of all further proceeding in C.C.No.1 of 2019 filed against the petitioner on the file of the learned Special Judicial Magistrate(land Grabbing Cases) Ramanathapuram, as far as the petitioner is concerned. The trial court can proceed insofar as other accused are concerned.

4. The presence of the petitioner before the trial Court shall be dispensed with pending disposal of the main Criminal Original Petition.

5. Notice.

sd/- 03/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE SPECIAL JUDICIAL MAGISTRATE(LAND GRABBING CASES), RAMANATHAPURAM.

2.THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT. 3.THE INSPECTOR OF POLICE, ANTI LAND GRABBING SPECIAL CELL, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to Mr.N.SATHISH BABU Advocate SR.No.14619

ORDER

IN CRL MP(MD) Nos.7706 and 7708 of 2019 IN CRL OP(MD) No.12285 of 2019 Date :03/09/2019 TK/JC/SAR.1/06.09.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2