Madras High CourtCRL OP(MD)/10735/2018dismissed

Balasubramanian v. The Sub-Divisional Magistrate

2019-11-12Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.10735 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.10735 of 2018 and Crl.M.P.(MD)No.4828 of 2018 Balasubramanian

...Petitioner/A party

-Vs1.The Sub-Divisional Magistrate & Revenue Divisional Officer, Sivakasi Revenue Division, Sivakasi.

2.The Inspector of Police, Sivakasi Town Police Station, Sivakasi.

... Respondents/Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records to the impugned notice dated 15.06.2018 in A2/M.C.115/2018 on the file of the Sub Divisional Magistrate & Revenue Divisional Officer, Sivakasi, the first respondent herein and quash the same.

For Petitioner : Mr.A.V.Arun For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

O R D E R

This petition has been filed to quash the impugned notice dated 15.06.2018 in A2/M.C.115/2018 on the file of the Sub Divisional Magistrate & Revenue Divisional Officer, Sivakasi/first respondent herein.

2.Heard both sides.

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 June, 2018. The period for the proceedings under Section 113 of Cr.P.C. is only for one year. Now, almost one and a half year have been lapsed and hence, the prayer sought for by the petitioner become infructuous. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.10735 of 2018 4.Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (w) // True Copy // Sub Assistant Registrar(CS) dss To 1.The Sub-Divisional Magistrate & Revenue Divisional Officer, Sivakasi Revenue Division, Sivakasi.

2.The Inspector of Police, Sivakasi Town Police Station, Sivakasi.

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

Crl.O.P.(MD)No.10735 of 2018 and Crl.M.P.(MD)No.4828 of 2018 12.11.2019 KK/SAR/29.11.2019/2P-4C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2