M.Thiruselvam Vs Sub Divisional Magistrate

PRAYER: This criminal original petition filed under Section 482 Cr.P.C. to call for the records pertaining to the proceedings initiated in MC.116/2022 by the first respondent u/s.145 of Cr.P.C and to quash the proceedings the same.

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For Petitioner(s): Ms.R.Renuka Devi for M/s.Pondy Law Firm For Respondent(s): Mr.M.V.Ramachandra Murth Public Prosecutor Govt. of Puducherry Asst.by M.Thamizhmani For R1 And R2 Mr.S.Vinoth Kumar (No appearance) For R3

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ORDER

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The criminal original petition is filed with a prayer to quash the summons issued to attend the enquiry of proceedings initiated under Section 145 of the Code of Criminal Procedure.

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2.Upon hearing the learned counsel for the petitioner and perusing the material records of the case, it can be seen that arising out of a law and order situation resulting from a construction contract and a scramble for possession, the aforesaid proceedings were initiated and summons were issued. In the meanwhile, orders were also passed prohibiting both parties from entering the premises. The said order was passed on 30.08.2022 and the summons is dated 07.09.2022. As rightly contended by the learned counsel for the petitioner with reference to possession or any other dispute, which is civil in nature, the parties

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 23151 of 2022

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are entitled to approach the Civil court and thereafter, they have to abide by the interim order or final degree that is granted by the civil court. Since the proceedings itself initiated on account of the law and order situation prevailing

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of the year 2022, the same cannot be continued any more. Now we are in the year 2026.

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3.In view thereof, no further proceedings pursuant to the impugned summons and order can be pursued. If any of the party, both the petitioner or the respondent are aggrieved, they can approach the appropriate civil Court and depending on the decision of the Civil Court, the police will grant protection.

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4.With the aforesaid observations, the criminal original petition stands disposed. Consequently, connected miscellaneous petition is closed.

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02-07-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No sms To

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