Thiyagarajan v. The Executive Magistrate Cum

Crl.O.P(MD)No.9762 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.9762 of 2016 and Crl.M.P.(MD)Nos.4911 and 4912 of 2016 1.Thiyagarajan 2.Murugan 3.Nellaiappan 4.Rajivi Gandhi 5.Veeran 6.Balakrishnan 7.Balamurugan 8.Rengan(Murugan) 9.Murugan 10.Kannan ... Petitioners/Accused 1 to 10 Vs 1.The Executive Magistrate cum Deputy Commissioner of Police (L&O), Tirunelveli City, Tirunelveli District.

... 1st Respondent/Respondent 2.Velkani, The Inspector of Police, Pettai Police Station, Tirunelveli, Tirunelveli District.

... 2nd Respondent/Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the order of impugned notice issued by the Executive Magistrate cum Deputy Commissioner of Police (L & O), Tirunelveli City, Tirunelveli District, dated 23.05.2016 made in Case No.329 of 2016 and quash the same.

For Petitioners : Mr.Palanivelayutham For R1 : Mr.A.Robinson Government Advocate (Crl.side) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.9762 of 2016

ORDER

This criminal original petition has been filed for quashing the impugned proceedings initiated by the Executive Magistrate under Section 107 of Cr.P.C.

2.The proceedings are of the year 2016. More than four years have elapsed. Therefore, in the very nature of things, the proceedings cannot survive. Hence, the same stands quashed. This criminal original petition is allowed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi To 1.The Executive Magistrate cum Deputy Commissioner of Police (L&O), Tirunelveli City, Tirunelveli District.

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

Crl.O.P(MD)No.9762 of 2016 and Crl.M.P.(MD)Nos.4911 and 4912 of 2016 13.01.2020 JMN(31.01.2020) 2P : 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2