Peer Mohamed v. The Executive Magistrate Cum

Crl.O.P(MD).Nos.11162 to 11167 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) Nos.11162 to 11167 of 2018 and Crl.M.P.(MD).Nos.5064 to 5075 of 2018 Peer Mohamed : Petitioner in Crl.OP(MD).No.1162/2018 Rasool Mydeen : Petitioner in Crl.OP(MD).No.1163/2018 Akbar Badhusha @ Boss Akbar : Petitioner in Crl.OP(MD).No.1164/2018 Mahesh @ Abdullah : Petitioner in Crl.OP(MD).No.1165/2018 Syed Ali : Petitioner in Crl.OP(MD).No.1166/2018 Jailani @ Abdul Kadar Jailani : Petitioner in Crl.OP(MD).No.1167/2018

Versus

1.The Executive Magistrate, cum the Deputy Commissioner of Police, O/o. The Executive Magistrate cum the Deputy Commissioner of Police, Tirunelveli.

2.The Inspector of Police, Melapayalam Police Station, Tirunelveli.

(Crime No.129 of 2018) : Respondents/Complainants in all Crl.O.P's Common Prayer: Petition is filed under Section 482 of the Criminal Procedure Code praying to call for the records pertaining in E.M.C.No.55 of 2018, dated 30.05.2018 on the file of the first respondent and quash the same as illegal.

For Petitioner : Mr.S.M.A.Jinnah (In all Crl.O.Ps) For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Criminal side) (In all Crl.O.Ps) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD).Nos.11162 to 11167 of 2018 COMMON ORDER These Criminal Original Petitions have been filed to quash the proceedings in E.M.C.No.55 of 2018, dated 30.05.2018, on the file of the first respondent.

2..Heard both sides.

3.The learned Government Advocate (criminal side) appearing for the respondents would submit that the petitioners have filed these petitions to challenge the show cause notices issued against them under Section 107 of Cr.P.C. The said notices were issued in the month of May, 2018. The period for the proceedings under Section 107 of Cr.P.C. is only for one year. Now the period is over and hence, the prayer sought for by the petitioners become infructuous.

4.Accordingly, these Criminal Original Petitions stand dismissed as infructuous. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) tsg To 1.The Executive Magistrate, cum the Deputy Commissioner of Police, O/o. The Executive Magistrate cum the Deputy Commissioner of Police, Tirunelveli.

2.The Inspector of Police, Melapayalam Police Station, Tirunelveli.

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

Order made in Crl.O.P.(MD) Nos.11162 to 11167 of 2018 13.11.2019 JMN(02.12.2019) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2