Madras High Court
H.H.Pooyamthirunal Gowri ... vs The State Of Tamil Nadu on 1 August, 2022
Crl.O.P.No.18025 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2022
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
Crl.O.P.No.18025 of 2022
and
Crl.M.P.No.11922 of 2022
1.H.H.Pooyamthirunal Gowri Parvathi Bai
2.H.H.Aswathithirunal Gowri Lakshmi Bai
3.H.H.Aswathithirunal Rama Varma
4.H.H.Moolamthirunal Rama varama
5.H.H.Avittamthirunal Adhitya varma ... Petitioners
Vs.
1.The State of Tamil Nadu,
Represented by its Inspector of police,
Central Crime Branch,
Team 16-A,
Vepery,
Chennai 600 007.
2.L.J.Singaravelan ..Respondents
Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C praying
to set aside the docket order dated 27.07.2022 passed by the Metropolitan
Magistrate, Special Court for Exclusive Trial of Land Grabbing Cases No.II (FAC),
Allikulam, Chennai in C.C.No.88 of 2022.
For Petitioners : Ms.V.Lakshminarayanan
For Respondents : Mr.Leonard Arul Joseph Selvam for R1,
Government Advocate (crl.side)
https://www.mhc.tn.gov.in/judis
1/4
Crl.O.P.No.18025 of 2022
Mr.D.Bennington for R2
ORDER
This Criminal Original Petition has been filed to set aside the docket order
dated 27.07.2022 passed by the Metropolitan Magistrate, Special Court for
Exclusive Trial of Land Grabbing Cases No.II (FAC), Allikulam, Chennai in
C.C.No.88 of 2022.
2. The learned counsel for the petitioners would contend that despite the
order passed by this Court in Crl.O.P.No.1872 of 2021 and Crl.M.P.Nos. 1068 &
1069 of 2021 dated 05.02.2021, the learned Metropolitan Magistrate had rejected
the memo filed by the petitioners and directed the parties for appearance. It is the
further contention of the learned counsel that though the trial has been stayed and
the personal appearance of the petitioners is dispensed with by this Court until the
disposal of the main petition, the learned Magistrate had rejected the memo on the
ground that unless the stay specifically extended, the stay will lapse automatically
after the period of 6 months. Hence, she prays to set aside the docket order passed
by the learned Magistrate.
3. Heard the learned counsel for the petitioners and the learned counsels for
the respondents.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.18025 of 2022
4. Considering the fact that when this Court had already dispensed with the
personal appearance of the petitioners and stayed the trial proceedings, the learned
Magistrate ought not to have taken different view on the ground that stay order
period is only for six months by taking note of the judgment passed by the Hon'ble
Supreme Court in the case of “Asian Resurfacing of Road Agency Private
Limited and Another v. Central Bureau of Investigation (2018) 18 SCC 299.”
Further, when this Court had already granted stay for further proceedings till the
disposal of the main petition, the learned Trial Judge shall not act contrary to it.
5. In such view of the matter, the docket order passed by the learned
Metropolitan Magistrate, Special Court for Exclusive Trial of Land Grabbing
Cases No.II (FAC), Allikulam, Chennai in C.C.No.88 of 2022 dated 27.07.2022 is
set aside. Further, the interim order passed by this Court in Crl.O.P.No.1872 of
2021 and Crl.M.P.Nos. 1068 & 1069 of 2021 dated 05.02.2021 is extended until
further orders. Accordingly, this Criminal Original Petition is disposed of.
Consequently, connected Criminal Miscellaneous Petition is closed.
01.08.2022
Index :Yes/No
Internet:Yes/No
shk
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.18025 of 2022
N.SATHISH KUMAR,J.
shk
To
1. The Metropolitan Magistrate, Special Court for Exclusive
Trial of Land Grabbing Cases No.II (FAC), Allikulam, Chennai
2.The Inspector of police,
Central Crime Branch,
Team 16-A,
Vepery,
Chennai 600 007.
3.The Public Prosecutor,
Madras High Court.
Crl.O.P.No.18025 of 2022
and
Crl.M.P.No.11922 of 2022
01.08.2022
https://www.mhc.tn.gov.in/judis
