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Madras High CourtCRL OP/1535/2024dismissed

Palanivel v. The State Rep.By

2024-01-29Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.1535 of 2024 Palanivel

...Petitioner

Vs.

The State rep. by The Inspector of Police, Chidambaram Town Police Station, Cuddalore District.

(Crime No.682 of 2012)

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to set aside the docket order dated 14.12.2023 passed in C.A.No.224 of 2023 by the learned Judicial Magistrate-II, Chidambaram and direct the learned Judicial Magistrate-II, Chidambaram to grant C.A.No.224 of 2023 to the petitioner within the time frame fixed by this Court. For Petitioner : Mr.S.V.D.Rajendra Prasad For Respondent : Mr.A.Damodaran Additional Public Prosecutor 1/4

ORDER

This criminal original petition has been filed challenging the docket order passed by the Court below refusing to provide the certified copy of the document sought for by the petitioner.

2.It is seen from records that already proceedings are pending before this Court in Crl.R.C.No.1230 of 2019. In that proceeding, it was reported by the police that the petitioner is absconding. Therefore, this Court by an order dated 18.10.2023 issued certain directions. The petitioner wanted to establish that he did not abscond and that he was regularly signing before the Court below where Crl.A.No.224 of 2023 was pending. When the copy application was filed, the Court below had rejected the same and informed the petitioner that if the Court calls for a report, the information will be provided by way of a report. 3.The petitioner cannot challenge the above written endorsement by filing a criminal original petition under Section 482 of Cr.P.C. If any orders are passed in this petition, it will tantamount to interfering with the proceedings that are pending in Crl.R.C.No.1230 of 2019. Therefore, whatever documents are sought for by the petitioner, such request can be made only in Crl.R.C.No.1230 of 2019 2/4

and parallel proceeding cannot be entertained. Except giving this clarity, no further orders can be passed in this criminal original petition. 4.Accordingly, this criminal original petition stands dismissed. 29.01.2024 Index: Yes/No Speaking order/Non-speaking Order ssr To 1.The Judicial Magistrate-II, Chidambaram.

2.The Inspector of Police, Chidambaram Town Police Station, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

3/4

N.ANAND VENKATESH, J ssr CRL.O.P No.1535 of 2024 29.01.2024 4/4