Madras HC Allows Criminal Original Petitions Filed Under Section 482 CrPC

Must Read

Madhya Pradesh High Court Rules That Export Ban on N95 Masks & PPE Kits Does Not Violate Fundamental Right of Traders

The Madhya Pradesh High Court held that the formulation and regulation of trade policies were within the subjects of...

Delhi High Court Issues Notice To Two Pleas Filed Praying for Recognition of Same-Sex Marriage

The Court heard two writ petitions which urged that the Special Marriage Act and the Foreign Marriage Act be...

Supreme Court Allows Appeal Challenging Allahabad High Court Order Granting Interim Bail on Medical Grounds

An appeal was filed before the Supreme Court, challenging the Judgment & Order of the Allahabad High Court in...

Bombay High Court Allows Petition Seeking Lawyers and Legal Clerks To Travel in Local Trains

The present hearing arose out of a batch of Public Interest Litigations that was filed in the Bombay High...

Provisions for Retirement of Teachers Must Be Read With the Larger Interest of Students in Mind: Supreme Court

Supreme Court in Navin Chandra Dhoundiyal v State of Uttarakhand reinstated the appellants to their position as Professor on...

Parties Cannot Deny Specific Performance Merely Due To Delay: Supreme Court

The Supreme Court, in Ferrodous Estate v P Gopirathnam, revisited the law on the specific performance of a contract....

Follow us

The said petitions were filed under Section 482 of the Criminal Procedure Code to expunge the remarks made against the petitioner by the learned Judicial Magistrate in C.C.Nos.82 & 83 of 2013, respectively, dated 29.03.2016. The case of Anshul Mishra v. District Collector and others was heard by Justice B. Pugalendhi.

Facts of the Case

The petitioner in the present case had made written and oral submissions, while the respondents were insisting on adjournment with regard to the July 13 notification. 

By the said orders dated 29.03.2016, the learned Magistrate, dismissed the complaints filed by the District Collector, Madurai, for his non-appearance under Section 256 CrPC. and acquitted the respondents / accused from the charges. Apart from the aforesaid offence, the complaints were also filed to confiscate the multi-colour granite blocks seized from the respondent’s / accused’s land in Keelayur Village, Melur Taluk; and to dispose of the granite blocks as provided under Section 21(4-A) of the Mines and Minerals (Development and Regulation) Act, 1957. Aggrieved over the same, the State has preferred the criminal appeals.

While dismissing the complaints, the learned Magistrate has also made certain observations that Mr. Anshul Mishra, IAS., the then District Collector, Madurai, has filed the complaints in his official capacity as District Collector, Madurai, but, as on the date of lodging of the complaint, he is not the District Collector, Madurai and thereby, committed the offence under Sections 181182193 & 199 IPC. The learned Magistrate further observed that the learned Special Public Prosecutors have also aided the complainant in the said offence and therefore, directed the Head Clerk to lodge a complaint under Section 197(1b) CrPC., after getting appropriate orders from the Government.

Aggrieved over the aforesaid observations made by the learned Judicial Magistrate, Melur, in C.C.Nos.82 & 83 of 2013, dated 29.03.2016, Mr. Anshul Mishra, IAS., the then District Collector, Madurai, has filed Crl. OP.(MD)Nos. 7655 & 7656 of 2016, to expunge the remarks made against him.

Arguments Before the Court

Learned counsel for the petitioner in the original petitions submitted that he has already filed his written submissions and the respondents in these cases are only formal parties. He also submits that even there is no material to show that the District Collector has signed the complaint ante dated, but the learned Judicial Magistrate has observed, as if the complaint was filed ante dated. He also submits that it is not even the case of the accused that the complaint was filed ante dated and not even a suggestion was made to the officers, who were examined as a prosecution witnesses in these cases.

The learned State Public Prosecutor, submits that if the appeals are remanded back to the trial Court for further trial, automatically the impugned orders will dissolve and there is no further order required in these petitions.

Court’s Orders

The impugned orders dated 29.03.2016, passed by the learned Judicial Magistrate, Melur, in C.C.Nos.82 & 83 of 2013, dismissing the complaint under Section 256 CrPC. is remitted back to the trial Court for the limited purpose of examining the complainant / District Collector, Madurai and to decide the issue. The observations made by the learned Judicial Magistrate, Melur as against the petitioner / District Collector and the learned Special Public Prosecutors also stand expunged. In fine, both the criminal appeals and the criminal original petitions were allowed.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Madhya Pradesh High Court Rules That Export Ban on N95 Masks & PPE Kits Does Not Violate Fundamental Right of Traders

The Madhya Pradesh High Court held that the formulation and regulation of trade policies were within the subjects of the Central Government. Any reasonable...

Delhi High Court Issues Notice To Two Pleas Filed Praying for Recognition of Same-Sex Marriage

The Court heard two writ petitions which urged that the Special Marriage Act and the Foreign Marriage Act be interpreted to also apply to...

Supreme Court Allows Appeal Challenging Allahabad High Court Order Granting Interim Bail on Medical Grounds

An appeal was filed before the Supreme Court, challenging the Judgment & Order of the Allahabad High Court in the matter of State of U.P...

Bombay High Court Allows Petition Seeking Lawyers and Legal Clerks To Travel in Local Trains

The present hearing arose out of a batch of Public Interest Litigations that was filed in the Bombay High Court to permit the members...

Provisions for Retirement of Teachers Must Be Read With the Larger Interest of Students in Mind: Supreme Court

Supreme Court in Navin Chandra Dhoundiyal v State of Uttarakhand reinstated the appellants to their position as Professor on basis of re-employment till the...

Parties Cannot Deny Specific Performance Merely Due To Delay: Supreme Court

The Supreme Court, in Ferrodous Estate v P Gopirathnam, revisited the law on the specific performance of a contract. It reiterated that mere delay...

Chandigarh Housing Board Is Bound To Implement the Chandigarh Administration’s Policy Decision: Punjab & Haryana High Court

On 15th October 2020, Justices Jaswant Singh and Sant Parkash heard the case of Bhartendu Sood vs Chandigarh Housing Board & Anr., via video-conferencing. Deeming the...

Bombay High Court Refuses Interim Relief to Doctors Alleging Arbitrary Placement at Government Hospitals for One-Year Mandatory Public Service

The Bombay High Court was hearing a plea against the arbitrary placement of doctors for a mandatory period of one year. The petitioners prayed...

Uttarakhand High Court Dismisses Writ Petition Seeking Relief for the Cancellation of Selection Process

On 13th October 2020, a Single Judge Bench of Hon'ble Justice Lok Pal Singh, heard the case of Ashish Bisht & Anr. v. State...

Madras High Court Dismisses Writ Petition Against National Stock Exchange For Lack Of Merit

In the case of A. Kumar v. Financial Intelligence Unit & Ors., A. Kumar filed a writ petition under Article 226 of the Constitution...

More Articles Like This

- Advertisement -