Abdul Basith v. The Executive Magistrate/Tahsildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2023 CORAM: THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN and Crl.M.P(MD)Nos.2246, 2247, 2250 of 2021 Abdul Basith ... Petitioner in Crl.OP(MD)No.4057 of 2021 Mohammed Ali Jinnah ... Petitioner in Crl.OP(MD)No.4058 of 2021 Sheik Shameem ... Petitioner in Crl.OP(MD)No.4059 of 2021 Vs

¶1The Executive Magistrate/Tahsildar, Agastheeswaram, Nagercoil,

¶2The Inspector of Police, Kottar Police Station, Nagercoil, ... Respondents

COMMON PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to quash the impugned proceedings in C2/10950/2019, dated 23/12/2019 on the file of the respondent no.1. In all petitions:

For Petitioner : Mr. T.Lajapathi Roy For Respondents : Mr.M.Muthu Manikkam

Government Advocate (Crl.Side) COMMON ORDER These Criminal Original Petitions have been filed to quash the impugned proceedings in C2/10950/2019, dated 23/12/2019 on the file of the first respondent/Executive Magistrate/Tahsildar, Agastheeswaram, Nagercoil,

2.The petitioners have challenged the impugned notice issued by the first respondent under Section 107 r/w 111 of Cr.P.C. As per the provisions under Section 116 of Cr.P.C, the said proceedings has to be completed within a period of six months, from the date of its commencement. Further, the period is one year from the issuance of notice. Hence, the entire period has been lapsed and there is no further adjudication required in these matters.

3.In view of the above facts, these Criminal Original Petition are closed. Consequently, connected miscellaneous petitions are closed.

05.04.2023 NCS:Yes/No Internet:Yes Index:Yes/No PNM To

¶1The Executive Magistrate/Tahsildar, Agastheeswaram, Nagercoil,

¶2The Inspector of Police, Kottar Police Station, Nagercoil, 3 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

K.K. RAMAKRISHNAN, J. PNM COMMON ORDER IN and Crl.M.P(MD)Nos.2246, 2247, 2250 of 2021

05.04.2023