Dismissed

Kothandaram v. State Rep by

Madras HC7 Jul 2021CRL RC/259/2021

Case brief

AI extract

What is this about?

The Court dismissed a Criminal Revision filed against an order by the Revenue Divisional Officer. The Court held that the petitioner, having participated in Cr.P.C. section 145 proceedings while knowing a civil dispute was pending, lacked clean hands to approach the Court for relief. Consequently, the revision was dismissed.

What did the court decide?

The criminal revision case and the connected miscellaneous petition were dismissed and closed.

Kothandaram Vs State Rep by — Landlord and Tenant | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 07.07.2021

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CORAM:

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THE HONOURABLE MR. JUSTICE P.VELMURUGAN

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Crl.R.C.No.259 of 2021 and Crl.M.P.No.5591 of 2021

Kothandaram

...Petitioner

-Vs-

The Revenue Divisional Officer, Ponneri, Thiruvallur District.

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R.Sridhar ...Respondents

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Criminal Revision Case filed under Sections 397 read with Section 401 of Cr.P.C. to call for records in Na.Ka.No.2214/2020/AA1 dated 20.01.2021 on the file of the Revenue Divisional Officer, Ponneri and to set aside the same.

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For Petitioner : Mr.V.B.Thirupathikumar

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Respondents : Mr.S.Sugendran, Govt. Advocate (Crl.Side) for R1

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O R D E R

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This Criminal Revision Case has been filed against the order made in Na.Ka.No.2214/2020/AA1 dated 20.01.2021 by the Revenue Divisional Officer, Ponneri, Thiruvallur District.

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2 It is the contention of the petitioner that there is civil dispute pending between the parties, and hence the first respondent has no authority to pass the order, which is impugned in this revision. Hence, the order dated 20.01.2021 is liable to be set aside.

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3 Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent.

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4 It is seen that civil proceeding is pending between the parties and knowing fully well that civil proceeding is not

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https://hcservices.ecourts.gov.in/hcservices/

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attained its finality, the petitioner instead of contesting the same, in order to get order in his favour approached the Police and filed complaint against the second respondent and others with regard to the disputed property. Further, it is seen that the petitioner knowing fully well that the civil proceeding is pending before this Court, all along participated in the proceedings under 145 of Cr.P.C and now he has filed this revision before this Court against order passed by the first respondent. The act of the petitioner clearly shows that he has not approached this Court with clean hands and hence this Court is not inclined to pass any orders in his favour.

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5 Hence, this criminal revision stands dismissed. Consequently, connected miscellaneous petition is closed.

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Sd/-

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Assistant Registrar(CS-VII)

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// True Copy//

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Sub Assistant Registrar

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cgi

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To:

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The Revenue Divisional Officer, Ponneri, Thiruvallur District.

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The Public Prosecutor, High Court of Madras.

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Crl.R.C.No.259 of 2021 and Crl.M.P.No.5591 of 2021

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(CO) SU(12/08/2021)

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https://hcservices.ecourts.gov.in/hcservices/

Kothandaram v. State Rep by

Case brief

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Kothandaram v. State Rep by

Case brief

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