The Madurai Bench of the Madras High Court dismissed a Criminal Original Petition filed under Section 482 of the CrPC as infructuous, relying on the acceptance that the underlying 145 Cr.P.C. proceedings had already been closed.
The Criminal Original Petition was dismissed as infructuous.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2018 CORAM THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD)No.10080 of 2014 and M.P(MD).No.1 of 2014
S.Alagarsamy
... Petitioner Vs.
1.The Sub Divisional Magistrate Revenue Divisional Officer Uthamapalayam Theni District
2.Chella Durai 3.Senthil ...Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the impugned order made in Na.Ka.No.1382/A2/2014 dated 26.05.2014 issued by the first respondent insofar as the order made in respect of the survey No.441/2 and 3 situated at Melachokkanathapuram Village, Bodinaickanur Taluk, Uthamapalayam Division, Theni District and quash the same.
For Petitioner : Mr.D.Sadiq Raja For R1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side) For R2& R3 : Mr.R.Surya Narayanan
ORDER
This Criminal Original Petition has been filed to call for the records pertaining to the impugned order made in Na.Ka.No.1382/A2/2014 dated 26.05.2014 issued by the first respondent insofar as the order made in respect of the survey No.441/2 and 3 situated at Melachokkanathapuram Village, Bodinaickanur Taluk, Uthamapalayam Division, Theni District and quash the same.
2.Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents 2 and 3.
3.The learned Government Advocate (Crl.Side) appearing for the first respondent would submit that 145 Cr.P.C proceedings has already been closed. Hence, the nothing survives for further https://hcservices.ecourts.gov.in/hcservices/ adjudication.
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4.Recording the submission made by the learned Government Advocate(Crl.Side), this Criminal Original Petition is dismissed as infrucutous. Consequently, the connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(Crl.side)
/True Copy/
Sub Assistant Registrar(CS-III)
To
1.The Sub Divisional Magistrate Revenue Divisional Officer Uthamapalayam Theni District
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1CC to Mr.D.Sadiq Raja, Advocate, SR.No.88720
+1CC to Mr.R.Surya Narayanan, Advocate, SR.No.88841
Crl.O.P.(MD)No.10080 of 2014
and M.P(MD).No.1 of 2014 03.10.2018
MSA
ES/SKN/RSK/SAR 3/20.11.2018/2P/5C
S.Alagarsamy
The Sub Divisional Magistrate Revenue Divisional Officer Uthamapalayam Theni District
Chella Durai
Senthil
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
