Madras High CourtCRL OP(MD)/13457/2016allowed

K. Muthuvel Thevar v. The Sub Inspector Of Police

2020-02-26Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2020 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl OP(MD)No.13457 of 2016 1.K.Muthuvel Thevar 2.K.R.Mani 3.Periyasamy 4.Rengan ... Petitioners/Accused No.1 to 4 Vs.

1.The State, rep.by the Sub Inspector of Police, Devakottai Taluk Police Station, Sivagangai District.

2.Muthusamy ... Respondents/Complainant Prayer : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records relating to the impugned charge sheet dated 25.04.2016 in C.C No.52 of 2016 on the file of the Judicial Magistrate, Devakottai and quash the same. For Petitioner : Mr.V.Kathirvelu, Senior Counsel for Mr.S.Sivathilakar For Respondents : Mr.A.Robinson, Government Advocate (crl.side) for R1 Mr.P.Saravana Kumar for R2

ORDER

Heard the learned Senior Counsel appearing for the petitioner, the learned Government Counsel appearing for the first respondent and the learned counsel appearing for the defacto complainant. 2.The petitioners are facing trial in C.C No.52 of 2016 on the file of the Judicial Magistrate, Devakottai for the offence under Section 379 of IPC. It is seen that cutting of Karuvelam trees has given rise to the impugned prosecution. It is also seen that there are civil proceedings pending between the parties. I am of the view that the case on hand has an eminent civil profile and that therefore, continuation of the impugned proceedings would be an abuse of legal process. In this view of the matter, the impugned https://hcservices.ecourts.gov.in/hcservices/ 1/2

proceedings stand quashed. It is made clear that the right of the defacto complainant to pursue his remedies in the civil forum are left intact and that the same will not be affected. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) Skm To

1. The Judicial Magistrate, Devakottai.

2.The Sub Inspector of Police, Devakottai Taluk Police Station, Sivagangai District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.S.SIVATHILAKAR, Advocate ( SR-8724[F] dated 27/02/2020 ) Crl OP(MD)No.13457 of 2016 26.02.2020 DB(CO) TR(14.05.2020)2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2