Madras High CourtCRL OP(MD)/3589/2011dismissed

Kesavamoorthy, v. The Inspector Of Police

2015-03-12Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.03.2015

CORAM

THE HON'BLE MR.JUSTICE C.T.SELVAM CRL.O.P.(MD)No.3589 of 2011 and M.P(MD)No.2 and 3 of 2011 Kesavamoorthy .. Petitioner/Accused No.1 .. Vs ..

1.The State rep. by The Inspector of Police, City Crime Branch, Tirunelveli City, Tirunelveli District. .. Respondent/Complainant 2.Tirunelveli District Palmyrah Products and Co-operative Production Ltd., represented by its special Officer, 48A, Devispuram Road, Muthukrishnapuram, Tuticorin District. .. Respondent/Defacto Complainant PRAYER:Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to call for the records in C.C.239 of 2010 in Crime No.11/2008 of City Crime Branch, Tirunelveli City on the file of the Judicial Magistrate Court No.1, Tirunelveli and to quash the same.

For Petitioner : Mr.V.Kannan For R-1 : Mr.K.Anbarasan Government Advocate(Crl. Side) For R-2 : Mr.Anand C.Rajesh

ORDER

This petition has been filed under Section 482 Cr.P.C., praying to quash the proceedings in C.C.239 of 2010 in Crime No.11/2008 of City Crime Branch, Tirunelveli City on the file of the Judicial Magistrate Court No.1, Tirunelveli. 2.Heard the learned counsel for the petitioner, learned Government Advocate(Crl.Side) for the first respondent and the learned counsel for the second respondent.

3. The charge sheet giving rise to the case presently pending in C.C.No.1 of 2013 on the file of the Land Grabbing Court, Tirunelveli, informs of execution of false deeds of title to https://hcservices.ecourts.gov.in/hcservices/

property belonging to the Tirunelveli District Palmyrah Products and Co-operative Production Ltd., Tirunelveli and sale deed has been executed in favour of the petitioner in respect of 14.43 cents.

4. The petitioner will have to establish his innocence before the trial Court.

5. As the case is pending trial, this Criminal Original Petition shall stand dismissed. It is open to the petitioner to raise all defences before the trial Court. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Inspector of Police, City Crime Branch, Tirunelveli City, Tirunelveli District.

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

+One cc to Mr.V.Kannan, Advocate, SR.No.12327 +One cc to Mr.Ananth C.Rajesh, Advocate, SR.No.12356 pmu/pm RL/5 c- 26/3/2015 CRL.O.P.(MD)No.3589 of 2011 and M.P(MD)No.2 and 3 of 2011 12/03/2015 https://hcservices.ecourts.gov.in/hcservices/