Madras High CourtCRL OP(MD)/23012/2016dismissed

Ponnusamy, v. The Executive Magistrate Cum

2020-11-30Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.23012 of 2016 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 30.11.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.23012 of 2016 and Crl.M.P.(MD) No.12081 of 2016

1. Ponnusamy,

2. Bhuvanasundari,

3. P.Malaisamy,

4. R.Kutty @ Balamurugan,

5. Jothi Manickam,

6. R.Rajalingam,

7. Saravana Kumar,

8. Rakesh, ... Petitioners Vs 1.The Executive Magistrate Cum Deputy Commissioner of Police, Law and Order, Madurai City, Madurai.

2.The Inspector of Police, E1, K.Pudur Police Station, K.Pudur, Madurai.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the record relating to proceedings in Na.Ka.No.968/Ne.Se.Na & Ka.Thu.Aa/ Ma.Maa/2016 dated 16.11.2016 by 1st respondent and may quash the same..

For Petitioners : Mr.K.P.Narayana Kumar For Respondents : Mr.R.Erottuchamy Government Advocate (crl.side)

O R D E R

This petition has been filed to quash the proceedings inn Na.Ka.No.968/Ne.Se.Na & Ka.Thu.Aa/ Ma.Maa/2016 dated 16.11.2016 issued by the first respondent.

2. Heard both sides.

3.The learned Government Advocate (criminal side) would submit that the petitioner filed this petition to challenge the show cause 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.23012 of 2016 by the petitioner become infructuous.

4.Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.. Sd/- Assistant Registrar (CS II) // True Copy // / /2020 Sub Assistant Registrar(CS) Ls 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 Executive Magistrate Cum Deputy Commissioner of Police, Law and Order, Madurai City, Madurai.

2.The Inspector of Police, E1, K.Pudur Police Station, K.Pudur, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Order made in CRL.O.P (MD) No.23012 of 2016 30.11.2020 KG(CO) KK(21.12.2020) 2 P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2