Madras High CourtCRL OP(MD)/10475/2017dismissed

P. Periyasamy v. The Inspector Of Police

2024-12-18Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16.07.2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN Crl.OP(MD)Nos.10475 of 2017 & 4258 of 2019 & Crl.MP(MD)Nos.7165 & 7166 of 2017 and 2582 & 2583 of 2019 1 P. PERIYASAMY 2 P. BABU @ KRISHNAMOORTHY 3 P. ARUN RAJA 4 E. MADHANKUMAR 5 M. KARUNANITHI ... PETITIONERS / ACCUSED NO.1 TO 3, 7 & 8 IN CRL OP(MD) No.10475 of 2017

1. R.PRABHAKARAN

2. B.STALIN

3. M.MARIMUTHU

4. M.ARUMUGAM

5. C.MURUGAN

6. S.KUMARESAN

7. M.SARAVANAN

8. R.RENGANATHAN ... PETITIONERS / ACCUSED NO. 4 TO 6, 9 TO 13 IN CRL OP(MD) No.4258 of 2019 Vs.

1.The State Represented through, Inspector of Police, Melur Police Station, Melur, Madurai District.

(Crime No.618 of 2012) ... RESPONDENT/COMPLAINANT IN BOTH PETITIONS 2.The Village Administrative Officer, Thumbaipatti Village, Melur Taluk, Madurai District. ...2ND RESPONDENT /DEFACTO COMPLAINANT IN BOTH PETITIONS PRAYER IN CRL OP(MD) No.10475 of 2017 Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to call for the records of the case in PRC.No.10/2017 on the file of the Judicial Magistrate, Melur and quash the same. Prayer in CRL MP(MD). 7166 of 2017 in CRL OP(MD) No.10475 of 2017: To dispense with the personnel appearance of the petitioners in 1/3

the case in PRC.No.10/2017 on the file of the Judicial Magistrate, Melur pending disposal of the above Crl.O.P.

Prayer in CRL MP(MD). 7165/ 2017 in CRL OP(MD) No.10475 of 2017: To Stay all further proceedings in PRC.No.10/2017 on the file of the Judicial Magistrate, Melur pending disposal of the above Crl.O.P.

PRAYER IN CRL OP(MD) No.4258 of 2019:

Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to call for the records of the case in P.R.C.No.10 of 2017 on the file of the Judicial Magistrate, Melur, Madurai District and quash the same.

Prayer in CRL MP(MD). 2582/ 2019 In CRL OP(MD) No.4258 of 2019 : To stay all the proceedings in P.R.C.No.10 of 2017 on the file of the Judicial Magistrate, Melur, pending disposal of the main quash petition.

Prayer in CRL MP(MD). 2583/ 2019 In CRL OP(MD) No.4258 of 2019: To dispense with the personal appearance of the petitioners in the case in P.R.C.No.10 of 2017 on the file of the Judicial Magistrate, Melur, pending disposal of the main quash petition. COMMON ORDER :

This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.E.ANTONY SAHAYA PRABAHAR, Government Advocate for the Respondents and the petitioners not appeared either in person or by an advocate, the court made the following order:- When the matters were taken up for hearing on 12.07.2021, there was no representation for the petitioners in both the petitions. Therefore, these matters are posted under the caption 'for dismissal today'.

2. Today also, there is no representation for the petitioners in both the petitions. Therefore, these Criminal Original Petitions are dismissed for non-prosecution. Consequently, the connected Miscellaneous Petitions are closed.

sd/- 16/07/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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 JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE MELUR POLICE STATION, MELUR, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.10475 of 2017 and CRL OP(MD) No.4258 of 2019 and CRL MP(MD)No.7166 and 7165 of 2017 in CRL OP(MD) No.10475 of 2017 CRL MP(MD)No.2582 and 2583 of 2019 in CRL OP(MD) No.4258 of 2019 Date :16/07/2021 MBI RT/JC/SAR-III/20.07.2021/3P/5C 3/3