Madras High CourtCRL OP(MD)/12048/2015dismissed for default

R.Palaniyandi v. K.Nakkeeran

2021-07-15Honourable Mr Justice B.Pugalendhi2 pages

Crl.OP(MD)No.12048 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.12048 of 2015 1.R.Palaniyandi 2.R.Raghunathan 3.Shanmuganathan 4.P.Sathanantham : Petitioners / Accused nos.1, 2, 3 & 5 Vs.

K.Nakkeeran : Respondent / Complainant PRAYER: Petition filed under Section 482 of the Criminal Procedure Code to call for the records in C.C.No.77 of 2015 on the file of the learned Judicial Magistrate, Musiri and quash the same insofar as the petitioners are concerned.

For Petitioners : No appearance For Respondent : Mr.R.Suresh Kumar for Mr.N.Mohan *****

ORDER

The petitioners are the accused nos.1 to 3 & 5 in C.C.No.77 of 2015 on the file of the learned Judicial Magistrate, Musiri and they have filed this petition to quash the proceedings pending against them.

2. The respondent / complainant has filed a private complaint under Sections 190(a) and 200 Cr.P.C as against the petitioners / accused nos.1 to 3 & 5 and the accused no.4 for the offence under Sections 120-B, 406 & 420 IPC. The complainant is none other than the sister's son of accused nos.1 to 4 and he has lodged the complaint alleging that the accused have partitioned the family properties among themselves without the knowledge of his mother / Nagamani and other shareholders.

3. It appears that the fourth accused / Loganathan has filed a criminal original petition in Crl.OP(MD)No.21433 of 2016 challenging https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.OP(MD)No.12048 of 2015 the very same proceedings. In that petition, the learned Counsel has produced a letter of the petitioner, wherein, the petitioner has stated that due to his ill health, he is not intending to proceed with the case. By referring the said submission, the petition in Crl.OP(MD)No.21433 of 2016 was dismissed.

4. In this petition, there was no representation for the petitioners when the matter was called on the last occasion and therefore, the matter is directed to be listed today under the caption 'for dismissal'.

5. Even today, there is no representation on behalf of the petitioners.

6. In such view of the matter, this criminal original petition stands dismissed for non-prosecution. Pending miscellaneous petitions, if any, shall stand closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) gk To The Judicial Magistrate, Musiri.

RKN (28.07.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2