Madras High CourtWP(MD)/6256/2013dismissed for nonprosecution

J. John Kennady v. The Inspector Of Police

2019-03-18Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2019

CORAM

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.6256 of 2013 and M.P.(MD)No.1 of 2013 J.John Kennady ... Petitioner Vs.

1.The Inspector of Police, Kovilpatti West Circle Police Station, Kovilpatti, Tuticorin District.

2.Thilagarathinam ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus to call for the records of the first respondent summon dated 01.04.2013 based on the second respondent's complaint and quash the same and consequently, direct the first respondent not to harass the petitioner in the guise of the second respondent's complaint.

For Petitioner : No representation For Respondents: Mr.A.Robinson, Government Advocate (Crl. Side) for R.1 *****

ORDER

This writ petition has been filed by the petitioner questioning the summons issued by the first respondent dated 01.04.2013, which was issued based on a complaint lodged by the second respondent.

2. When the writ petition came up for hearing in the earlier occasion, ie., on 18.02.2019, it was represented by the learned Counsel for the petitioner that the matter was settled. However, at the request of the learned Counsel for the petitioner, this petition was adjourned to 25.02.2019 and to 11.03.2019, in order to ascertain the actual status from his parties. But, there was no representation for the petitioner on 11.03.2019 and therefore, the writ petition was directed to be listed today under the caption 'for dismissal'. Even today, there is no representation for the petitioner. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Government Advocate (Crl. Side), on instructions, submitted that the summons were issued in the year 2013, based on the complaint of the second respondent. But, there was no co-operation either from the second respondent or from the petitioner and therefore, they have closed the same.

4. Under the above circumstances, recording the submission made by the learned Government Advocate (Crl. Side), this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Writs) // True Copy // Sub Assistant Registrar(CS ) To The Inspector of Police, Kovilpatti West Circle Police Station, Kovilpatti, Tuticorin District.

W.P.(MD)No.6256 of 2013 and M.P.(MD)No.1 of 2013 18.03.2019 gk PK/05.04.2019 : 2P/2C https://hcservices.ecourts.gov.in/hcservices/