Madras High CourtCRL OP(MD)/2331/2013dismissed

M. Balammal v. M. Ayyasamy

2016-11-22Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.2331 of 2013 and M.P.(MD) No.1 of 2013 and Cont.P(MD) No.630 of 2009 M.Balammal .. Petitioner Vs.

1.M.Ayyasamy 2.Perumal .. Respondents Prayer in Crl.O.P.(MD) No.2331 of 2013: Petition filed under Section 482 of Code of Criminal Procedure to issue directions to the Judicial Magistrate No.II, Kovilpatti not to proceed with the trial in C.C.No.10 of 1993 till the original documents are returned by the second respondent/2nd accused to the petitioner. PRAYER in Cont.P(MD) No.630 of 2009: Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondent for the wilful disobedience of the order dated 20.07.2007 in C.A.No.199 of 1998.

Prayer in Criminal Appeal No.199/98:- Criminal Appeal filed under Section 378(4) Cr.P.C. against the Judgment dated 14.6.96 rendered in C.C.No.10/93 by the Judicial Magistrate No.II, Kovilpatti, V.O.C. District. For Petitioner : M/s.Porkodi Karnan

O R D E R

The petitioners seek a direction to issue directions to the Judicial Magistrate No.II, Kovilpatti not to proceed with the trial in C.C.No.10 of 1993 till the original documents are returned by the second respondent/2nd accused to the petitioner.

2. Heard the learned counsel appearing for the petitioners and perused the materials available on record.

3. The Learned Government Advocate submitted that the matter has become infructuous.

4.In view of the submission of the learned counsel for the Respondents, the petitions are dismissed as infructuous. Consequently, connected M.P.(MD) No. 1 of 2013 is also dismissed. Sd/- Assistant Registrar(C.O) https://hcservices.ecourts.gov.in/hcservices/ /True Copy/ Sub-Assistant Registrar

To:

1.The Judicial Magistrate No.II, Kovilpatti 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CM RL/3C/1P/SS3/9.12.2016 Crl.O.P.(MD) No.2331 of 2013 and M.P.(MD) No.1 of 2013 and Cont.P(MD) No.630 of 2009 22.11.2016 https://hcservices.ecourts.gov.in/hcservices/