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Madras High CourtCRL OP(MD)/21821/2018allowed

G. Thalapathi v. The Inspector Of Police

2020-10-09Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)Nos.21821 and 21822 of 2018 and Crl.M.P.(MD)Nos.10131, 10132, 10133 and 10134 of 2018 and Crl.O.P.(MD)No.4236 of 2019 and Crl.M.P.(MD)Nos.2561 and 2562 of 2019 Crl.O.P(MD)No.21821 of 2018:- G.Thalapathi ... Petitioner/Accused No.3 Vs 1.The State rep by The Inspector of Police, District Crime Branch, ...1st Respondent/Complainant 2.M.Murugesan ...2nd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records pertaining to the Charge Sheet in C.C.No.19 of 2018 on the file of the learned Special Court for Exclusive Trial of Land Grabbing Cases, Madurai and quash the same.

For Petitioner : Mr.Veerakathiravan, Senior Counsel, For M/s.Veera Associates For Respondents : Mr.V.Neelakandan, Additional Public Prosecutor for R1 Mr.R.Selvaraj for R2 Crl.O.P(MD)No.21822 of 2018:- 1.B.Venkatesh 2.M.P.R.Ravichandran ... Petitioners/Accused 4&5 Vs 1.The State rep by The Inspector of Police, District Crime Branch, ...1st Respondent/Complainant 1/4

2.M.Murugesan ...2nd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records pertaining to the Charge Sheet in C.C.No.19 of 2018 on the file of the learned Special Court for Exclusive Trial of Land Grabbing Cases, Madurai and quash the same.

For Petitioners : Mr.Lingadurai For Respondents : Mr.V.Neelakandan, Additional Public Prosecutor for R1 Mr.R.Selvaraj for R2 Crl.O.P(MD)No.4236 of 2019:- 1.J.Srinivasan 2.T.Malaiarasan ... Petitioners/Accused 1&2 Vs 1.The State represented through The Inspector of Police, Anti Land Grabbing Spl. Cell, Madurai City, Madurai.

(Crime No.90 of 2012) ...1st Respondent/Complainant 2.M.Murugesan ...2nd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records pertaining to the proceedings made in C.C.No.19 of 2018 on the file of the learned Special Judicial Magistrate, Special Court for Exclusive Trial of Land Grabbing Cases, Madurai and quash the same insofar as the petitioners are concerned.

For Petitioners : Mr.D.Sadiqraja For Respondents : Mr.V.Neelakandan, Additional Public Prosecutor for R1 Mr.R.Selvaraj for R2 C O M M O N O R D E R The petitioners in these criminal original petitions are figuring as accused in C.C.No.19 of 2018 on the file of the Special Court for Exclusive Trial of Land Grabbing Cases, Madurai. 2/4

The learned counsel appearing for the accused submitted that the issue has been amicably settled. The defacto complainant namely., M.Murugesan. is present before this Court through video conferencing. He is duly identified by his counsel. The learned Additional Public Prosecutor appearing for the first respondent also confirms the amicable resolution of the issues. 2.It is submitted that the case has since been transferred to the file of the learned Judicial Magistrate No.I, Madurai and renumbered as C.C.No.793 of 2019.

3.When the parties decided to bury the hatchet, there is no point in keeping the impugned prosecution alive. Therefore, the impugned proceedings stand quashed. These criminal original petitions are allowed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) ias 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 Special Court for Exclusive Trial of Land Grabbing Cases, 2.The Judicial Magistrate No.I, 3.Do Through:

The Chief Judicial Magistrate, 4.The Inspector of Police, District Crime Branch, 3/4

5.The Inspector of Police, Anti Land Grabbing Special Cell, Madurai City, 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, +1 cc to M/s.Veera Associates , Advocate SR.No.19713 Crl.O.P(MD)Nos.21821 and 21822 of 2018 and Crl.O.P.(MD)No.4236 of 2019 09.10.2020 KM(CO) KM (16.10.2020) 4P 8C 4/4