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Madras High CourtCRL OP(MD)/22290/2016dismissed as infructuous

Madhavan v. The Sub Divisional Magistrate

2020-11-02Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.22290 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.22290 of 2016 and Crl.M.P.(MD) No. 11568 of 2016 Madhavan

...Petitioner

-Vs1.The Sub-Divisional Magistrate and Sub-Collector, Thoothukudi.

2. The Inspector of Police, Muthiahpuram Police Station, Thoothukudi District.

... Respondents Prayer: Criminal Original Petition filed under Section 482 of Code of Criminal Procedure, to call for the records in pursuant to the impugned proceedings of the 1st Respondent in Aa1/Crpc107/475/2016 dated 03.11.2016 and quash the same and consequently pass such further or other orders.

For Petitioner : M/s.M. Karthikeya Venkatachalapathy For Respondents : Mr.KR.Bharathikannan Government Advocate (Crl.Side)

O R D E R

This petition has been filed to quash the impugned proceedings of the 1st Respondent in Aa1/Crpc107/475/2016, dated 03.11.2016.

2. The petitioner filed this petition to challenge the notice issued against him under Section 107 of Cr.P.C. The said notice was issued in the Month of November, 2016. The period for the proceedings under Section 107 of Cr.P.C. is only for one year. Now, almost four years have been lapsed and hence, the prayer sought for by the petitioner become infructuous.

3.

Accordingly, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) // True Copy // / /2020 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.22290 of 2016 ksa 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, Sub-Collector, Thoothukudi.

2. The Inspector of Police, Muthiahpuram Police Station, Thoothukudi District.

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

Crl.O.P.(MD)No.22290 of 2016 02.11.2020 CK(CO) TR(10.11.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2