Madras High CourtCRL OP(MD)/16885/2021disposed of

E.Muthukrishnan v. The Sub Divisional Magistrate Cum Revenue Divisional Officer

2024-02-23Honourable Mrs Justice R. Hemalatha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2024

CORAM

THE HON'BLE MRS.JUSTICE R.HEMALATHA Crl.O.P.(MD) No.16885 of 2021 and Crl.M.P.(MD) No.9135 of 2021 E.Muthukrishnan ... Petitioner Vs.

1.The Sub Divisional Magistrate cum Revenu Divisional Officer, Paramakudi, Ramanathapuram District.

2.The Inspector of Police, Parthibanoor Police Station, Parthibanoor, Ramanthapuram District.

3.S.Shurb Nisha 4.S.Sahul Hameed ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, to call for the records pertaining to the impugned proceedings in MC.No.568 of 2021 dated 14.07.2021 on the file of the first respondent, based on the report dated 06.07.2021 of the second respondent and quash the same insofar as the petitioner is concerned.

For Petitioner : No Appearance 1/4

For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

O R D E R

No representation for the petitioner. Present petition is filed seeking to quash the summons issued in MC.No.568 of 2021 dated 14.07.2021 by the first respondent herein.

2.The learned Government Advocate(Crl.side) appearing for the first and second respondents would contend that since the present petitioner did not appear before the first respondent for enquiry, the same is pending. It is his further contention that the dispute between the parties is with regard to the boundaries of their respective properties. 3.Since the summon was issued in the year 2021 and the present petitioner also did not appear before the first respondent, nothing survives for further adjudication. Therefore, the present petition is dismissed. 23.02.2024 Index: Yes/ No Speaking Order / Non-Speaking Order gns 2/4

To 1.The Sub Divisional Magistrate cum Revenu Divisional Officer, Paramakudi, Ramanathapuram District.

2.The Inspector of Police, Parthibanoor Police Station, Parthibanoor, Ramanthapuram District.

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

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R.HEMALATHA , J.

gns Crl.O.P.(MD) No.16885 of 2021 23.02.2024 4/4