Madras High CourtCRL OP(MD)/19919/2016dismissed as infructuous

Kaliyaperumal, v. The Sub Divisional Magistrate

2020-10-09Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.19919 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.19919 of 2016 and Crl.MP(MD)Nos.9999 and 10000 of 2016 1.Kaliyaperumal 2.Suresh ... Petitioners Vs.

1.The Sub Divisional Magistrate and Revenue Divisional Officer, Lalgudi.

2.The Inspector of Police, Kallakudi Police Station, Kallakudi, Trichy District.

3.Subhasini 4.Mariyayee ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to R.C.No.A1/1870/2016, dated 07.10.2016 on the file of the first respondent and quash the same. For Petitioners : Mr.A.N.Ramanathan For R1 and R2 : Mr.KR.Bharathi Kannan Government Advocate (Crl.Side)

ORDER

This petition has been filed to quash the proceedings in R.C.No.A1/1870/2016, dated 07.10.2016 on the file of the first respondent.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondents 1 & 2.

3.The learned Government Advocate (criminal side) would submit that the petitioner filed this petition to challenge the impugned notice issued against him under Section 113 of Cr.P.C. The said notice was issued in the month of October, 2016. The period for the proceedings under Section 113 of Cr.P.C. is only for one year. Now, almost three years have been lapsed and hence, the prayer sought for https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.19919 of 2016 by the petitioners become infructuous.

4.Accordingly, this Criminal Original Petition is dismissed as infructuous. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(AS) // True Copy // / /2020 Sub Assistant Registrar(CS) dss 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 Sub Divisional Magistrate and Revenue Divisional Officer, Lalgudi.

2.The Inspector of Police, Kallakudi Police Station, Kallakudi, Trichy District.

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

Crl.O.P.(MD)No.19919 of 2016 and Crl.MP(MD)Nos.9999 and 10000 of 2016 09.10.2020 AC(CO) TR(02.11.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2