Madras High CourtCRL OP(MD)/12333/2017dismissed

Vedhanayagam v. The Executive Magistrate Cum

2020-12-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) Nos.12333 to 12338 of 2017 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 03.12.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) Nos.12333 to 12338 of 2017 and Crl.M.P.(MD) Nos.8521 to 8526 of 2017 Vedhanayagam ... Petitioner in CRL.O.P(MD)No.12333 of 2017 Billy ... Petitioner in CRL.O.P(MD)No.12334 of 2017 Stephen Selvinraj ... Petitioner in CRL.O.P(MD)No.12335 of 2017 Devadoss ... Petitioner in CRL.O.P(MD)No.12336 of 2017 K.P.K.Selvaraj ... Petitioner in CRL.O.P(MD)No.12337 of 2017 Samson Paulraj ... Petitioner in CRL.O.P(MD)No.12338 of 2017 Vs 1.The Executive Magistrate Cum Depurty Commissioner of Police, Law and Order, Tirunelveli Town.

2.The Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

... Respondents in all CRL.O.Ps COMMON PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to Call for the records relating to the proceedings under section 107 of the Criminal procedure code dated 06.06.2017 in EMC No. 84/2017 passed by the first respondent and quash the same as against the Petitioners.

For Petitioner : Mr.J.Barathan, (in all CRL.O.Ps) For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (crl.side) (in all CRL.O.Ps) COMMON ORDER These petitions have been filed to quash the proceedings under section 107 of the Criminal procedure code, dated 06.06.2017, in EMC No. 84/2017 passed by the first respondent.

2. .Heard both sides.

3.The learned Government Advocate (criminal side) would submit that the petitioners filed these petitions 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 June, 2017. The period for the proceedings under Section 107 of Cr.P.C. is only for one year. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) Nos.12333 to 12338 of 2017 Now, almost three years have been lapsed and hence, the prayer sought for by the petitioners become infructuous. 4.Accordingly, these Criminal Original Petitions are dismissed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar // 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 Depurty Commissioner of Police, Law and Order, Tirunelveli Town.

2.The Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

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

Order made in CRL.O.P (MD) Nos.12333 to 12338 of 2017 03.12.2020 VB (23.12.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2