These Criminal Original Petitions have been filed to set aside the order dated 15.02.2017 passed by the learned Judicial Magistrate, Dharapuram in C.M.P.Nos.308 of 2014 and 6149 of 2013 in C.C.No.188 of 2013.
2. The case of the petitioner is that there is a pathway dispute between the petitioner on one hand and C.P.Chinnasamy (A1), Chandrasekaran (A2), Sivaraj (A3), Govindaraj (A4), and Eswaran (A5) on the other hand. In order to settle the dispute, the petitioner had filed the civil suits and writ petitions and the same are pending adjudication. On 06.04.2013, without any notice, the respondents herein trespassed into the petitioner's land and damaged the fencing, trees and bore well pipes with JCP Machine. The petitioner and his sons were kept in illegal custody till 07.04.2013 and a false case was foisted against the petitioner in Crime No.67 of 2013 for the offences punishable under
Sections 341,323 and
506(ii) IPC and he was remanded to Judicial Custody. Hence, he filed a private complaint under
Section 200 Cr.P.C, which was taken on file as C.C.No.188 of 2013 by the learned Judicial Magistrate, Dharapuram, whereas, the respondents herein filed petitions under
Section 205 Cr.P.C in C.M.P.Nos.308 of 2014 and 6149 of 2013 to dispense with their personal appearance before the lower Court. The said petitions were allowed by an order dated 15.02.2017, against which, the petitioner has filed the present petitions.
3. Though the learned counsel appearing for both the parties raised their respective submissions for and against the claim made herein, they ultimately submitted that it would suffice, if a direction is given to the learned Judicial Magistrate, Dharapuram to dispose of the case in C.C.No.188 of 2013 pending on his file within the time stipulated by this Court.
4.In view of the submission so made by the learned counsel appearing for both the parties, this Court directs the learned Judicial Magistrate, Dharapuram to dispose of the proceedings in C.C.No.188 of 2013 on merits and in accordance with law, after conducting the case on day-to-day basis and after providing reasonable opportunity to both the parties to raise their respective contentions. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order.
5. Both the Criminal Original Petitions are disposed of accordingly. Consequently, connected miscellaneous petitions are closed.
22.03.2017 Index : Yes/No Internet : Yes/No KMI Note to the Registry: Issue order copy on 28.03.2017.
R.MAHADEVAN, J.
KMI To
1. The Inspector of Police, Dharapuram Police Station, Tiruppur District.
2.The Special Sub-Inspector of Police, Alangiyam Police Station, Tiruppur District.
3. The Judicial Magistrate, Dharapuram.
Crl.O.P.Nos.4575 and 4576 of 2017 22.03.2017 http://www.judis.nic.in