Madras High CourtCRL OP(MD)/19649/2013disposed of

P.N.J.Nagarajan v. The Sub-Divisional Officer

2018-04-10Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2018

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.19649 of 2013 and M.P(MD).No.1 of 2013 P.N.J.Nagarajan ... Petitioner Vs.

1. The Sub -Divisional Officer Cum Revenue Divisional Officer, Tiruchirapalli

2. B.Mohammed Ibrahim

3. The Inspector of Police, Palakkarai Police Station, Tiruchirappalli ` ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in Na.Ka.No.A1-4143-2013 dated 01.10.2013 relates to the proceedings under Section 133 Cr.P.C., on the file of the first respondent and quash the same.

For Petitioner : Mr.B.Tamilnidhi For R1 & R3 : Mr.A.Robinson Government Advocate (Criminal side) For R2 : No appearance.

ORDER

This Criminal Original Petition has been filed to call for the records in Na.Ka.No.A1-4143-2013 dated 01.10.2013 relates to the proceedings under Section 133 Cr.P.C., on the file of the first respondent and quash the same.

2.This petitioner has questioned the notice dated 01.10.2013 issued by the first respondent herein under Section 133 Cr.P.C. Since the petitioner has already shown cause against the said notice, therefore as per Section 138(1) Cr.P.C., the first respondent has to take evidence in the matter as in a summons-case and thereafter pass a final order.

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3.Therefore, at this stage, challenge to the notice will not lie. Only after passing final order by the first respondent, the petitioner can question the same and the rights of the petitioner are not adjudicated in this case.

4.The first respondent shall pass final order in this matter within a period of three months from the date of receipt of a copy of this order.

5.With the above observations, this Criminal Original Petition is disposed of. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To

1. The Sub -Divisional Officer Cum Revenue Divisional Officer, Tiruchirapalli

2. The Inspector of Police, Palakkarai Police Station, Tiruchirappalli

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

MSA TE/KKR/SAR-3 : 25/04/2018 : 2P/4C Crl.O.P.(MD)No.19649 of 2013 and M.P(MD).No.1 of 2013 10.04.2018 https://hcservices.ecourts.gov.in/hcservices/