BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Criminal Original Jurisdiction
Friday, the Eighteenth day of August Two Thousand and Twenty Three
PRESENT
The Hon`ble Mr.Justice SATHI KUMAR SUKUMARA KURUP CRL MP(MD)SR.NO.27208 of 2023
AND
CRL OP(MD)No.17047 of 2022
1.N. Shanmuganathan 2.S.Shanthi ... Petitioners/Petitioners Vs
1. The Assistant Commissioner OF Police, O/o. the Assistant Commissioner of Police Junction Range , Tirunelveli City. Tirunelveli
2. The Inspector of Police Central Crime Branch Tirunelveli City
(Crime No. 1 of 2022)
3. Perumbadaiyur ... Respondents/Respondents
Prayer in CRL MP(MD)SR.No.27208/2023
Criminal Miscellaneous Petition filed under section 482 of Criminal Procedure to recall the order passed in Crl.O.P.(MD)No.17047 of 2022 dated 23.12.2022.
Prayer in CRL OP(MD)No.17047/2022
Criminal Original Petition filed under Section 482 of Criminal Procedue Code to call for the records pertaining to the impugned Charge Sheet in S.C.No. 105 of 2022 pending on the file of the learned II Additional District and Sesions Court (PCR), Tirunelveli and Quash the same as illegal and pass such further or other orders.
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ORDER:- This Revision Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support there of and upon hearing the arguments of Mr.P.Krishnasamy, Advocate for the Petitioner, the learned Government Advocate, criminal side for the Respondents 1 &2, this Court made the following order:
When the case came up for hearing, the learned Counsel for the Petitioners in recall petition seeks a short adjournment on the ground that he wants to file Additional typed set with copies to the learned Counsel for the Respondent.
2. The learned Government Advocate (Crl.Side) submits that the Petititoner in the recall petition is not appearing before the Trial Court and NBW was issued against him on 11.07.2023.
3. The learned II Additional District and Sessions Judge, Special Court for PCR Act Cases, Tirunelveli is directed to secure the accused through appropriate orders.
4. It is made clear that the learned Counsel for the Petitioner will be heard on the next hearing date only if the petitioner surrenders before the Court concerned. Otherwise, the petition will be dismissed as not maintainable.
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5. Post the matter on 01.09.2023 at 3.00 p.m. through virtual mode. Sd/-
Assistant Registrar( )
// True Copy //
25/08/2023
Sub Assistant Registrar(CS)
To
1. The Assistant Commissioner OF Police, O/o. the Assistant Commissioner of Police Junction Range , Tirunelveli City. Tirunelveli
2. The Inspector of Police Central Crime Branch Tirunelveli City
3. The II Additional District and Sessions Judge, Special Court for(PCR),Act Cases,
Tirunelveli .
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5. The Court Manager, Madurai Bench of Madras High Court, Madurai.(For Email Purpose)
6. The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.
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BEFORE THE MADURAI BENCH OF
MADRAS HIGH COURT
Hon`ble Mr.Justice
SATHI KUMAR SUKUMARA KURUP
ORDER DATED : 18/08/2023 Hearing Date : 01/09/2023 ==========================
ORDER
==========================
CRL MP(MD)SR.NO.27208 OF 2023
and
CRL OP(MD). No.17047 of 2022
SI(25.08.2023) 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.
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