Madras High CourtCRL OP(MD)/17676/2013allowed

Sadacharam Ganesh v. The Inspector Of Police

2018-04-04Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl. OP (MD)No.17676 of 2013 and MP(MD)Nos.1 and 2 of 2013 Sadacharam Ganesh ... Petitioner/A-1 Vs.

1. The State of Tamil Nadu, Rep.by the Inspector of Police, City Crime Branch, Tirunelveli City.

(Cr.No.79 of 2012) ... 1st Respondent/Complainant

2. Thevapitchai Manuvel ... 2nd Respondent/Defacto Complainant Prayer : This Criminal Original Petition is filed Under Section 482 of Criminal Procedure Code to set aside the order dated 23.08.2013 passed in Cr.MP No.610 of 2013 in C.C.No.50 of 2013 on the file of the Judicial Magistrate, Special Court for Land Grabbing Cases, Tirunelveli.

For Petitioner : Mr.C.K.M.Appaji For Respondents : Mr.Prabhu Ramachandran for R1 Government Advocate (Crl.side) Mr.J.Ashok for R2

ORDER

Heard the learned counsel on either side.

2.The petitioner is facing criminal prosecution in C.C.No.50 of 2013 on the file of the Judicial Magistrate, Special Court for Land Grabbing Cases, Tirunelveli. The petitioner is said to have been absent in all the previous hearings before the Trial Court. To condone the delay, the petitioner filed Cr.MP.No.610 of 2013 in CC.No.50 of 2013. The said petition filed under Section 317 of Cr.PC was dismissed on 23.08.2013. Aggrieved by the same, this Criminal Original Petition has been filed.

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3.Taking note of the averments set out in this petition, the order impugned in this petition is quashed. This Criminal Original Petition is allowed.

Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To The Inspector of Police, City Crime Branch, Tirunelveli City.

Copy To:-

1. The Judicial Magistrate, Special Court for Land Grabbing Cases, Tirunelveli.

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

+ 1 CC TO Mr.C.K.M.APPAJI, ADVOCATE IN SR No. 60049 SKM TE/JC/SAR-4 : 26/04/2018 : 2P/5C Crl. OP (MD)No.17676 of 2013 04.04.2018 https://hcservices.ecourts.gov.in/hcservices/