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Madras High CourtCRL OP(MD)/18071/2022allowed

Poonkathirvel v. The Tashildar

2022-11-22Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P(MD)No.18071 of 2022 and Crl.M.P(MD)No.12061 of 2022 Poonkathirvel

...Petitioner

-vs1.The Tahsildar, Mudukulathur, Ramanathapuram District.

2.The Inspector of Police, Mudhukulathur Police Station, Ramanathapuram District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the entire records of the proceedings initiated by the first Respondent in M.C.No.:217/2022, dated 03.08.2022 and to quash the said proceedings as against the Petitioner. For Petitioner : Mr.R.Arul Venkatesh For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor **** 1/4

O R D E R

The learned Counsel for the Petitioner submitted that this Petition had been filed to quash the proceedings of the first Respondent, dated 03.08.2022.

2.The learned Counsel for the Petitioner further submitted that the impugned summon did not contain the details regarding the pending cases against the Petitioner.

3.The learned Additional Public Prosecutor vehemently objected stating that the Petitioner has four previous cases and three cases are pending trial and one case is yet to be taken on file. 4.Considering the submission made by the learned Counsel for the Petitioner, since the summon does not contain any details, the impugned proceedings of the first Respondent, dated 03.08.2022, is quashed. The first Respondent shall pass fresh proceedings in accordance with law.

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5.In the light of the above, this Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petition is closed. 22.11.2022 Index:Yes/No cmr To 1.The Tahsildar, Mudukulathur, Ramanathapuram District.

2.The Inspector of Police, Mudhukulathur Police Station, Ramanathapuram District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

cmr CRL.O.P(MD)No.18071 of 2022 22.11.2022 4/4