Madras High CourtCRL OP(MD)/15113/2015allowed

Kasaniya v. The District Collector

2020-05-22Honourable Mr Justice G.R.Swaminathan2 pages

Crl OP(MD)No.15113 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 27.02.2020 Pronounced on : 22.05.2020 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl OP(MD)No.15113 of 2015 and MP(MD)No.1 of 2015 Kasaniya ... Petitioner / Accused Vs.

The District Collector, Madurai District, Madurai - 625 020.

... Respondent / Complainant Prayer : Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to call for the records relating to the impugned proceedings in C.C No.103 of 2014 on the file of the learned Judicial Magistrate, Melur and quash the same. For Petitioner : Mr.A.Mohan For Respondent : Mr.A.Natarajan, State Public Prosecutor, assisted by Mr.A.Robinson, Government Advocate (crl.side)

ORDER

This criminal original petition was taken up along with quite a few other criminal original petitions raising the same issue. Few criminal original petitions were allowed since the petitioners informed the court that they have no claim whatsoever on the granite blocks found in their lands. The other criminal original petitions in which such a statement was not made suffered dismissal. This Court wanted to know the stand of the petitioner herein. The petitioner's counsel stated that he is not having any instruction from his client.

2.Therefore, this criminal original petition is dismissed. The petitioner is however given liberty to file a fresh petition on the same cause of action. In other words, if a fresh petition is filed by the petitioner herein, the same will not be thrown out https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl OP(MD)No.15113 of 2015 at the threshold on the ground of laches. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar (CRL.SIDE) // True Copy // / /2020 Sub Assistant Registrar(CS) Skm To 1.The District Collector, Madurai District, Madurai. 2.The Judicial Magistrate, Melur.

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

Crl OP(MD)No.15113 of 2015 and MP(MD)No.1 of 2015 22.05.2020 KM (09.07.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2