M.Ashok v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN M.Ashok ... Petitioner Vs.

State rep.by The Inspector of Police, Sankari Police Station, Salem District, Crime No.428 of 2024.

... Respondent Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to set aside the order made in C.M.P.No.3307 of 2024 dated 12.12.2024 on the file of the Principal Sessions Judge, Salem and consequently to relax the condition in para 6(iii) imposed in Crl.M.P.No.2826 of 2024 dated 28.10.2024 on the file of the Principal Sessions Judge, Salem.

For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed to set aside the order made in C.M.P.No.3307 of 2024 dated 12.12.2024 on the file of the Principal Sessions Judge, Salem and consequently to relax the condition in para 1/4

6(iii) imposed in Crl.M.P.No.2826 of 2024 dated 28.10.2024 on the file of the Principal Sessions Judge, Salem.

2. Heard both sides and perused the materials available on record.

3. On a perusal of the records it is seen that since the petitioner has not complied with the condition regularly as imposed in Crl.M.P.No.2826 of 2024 dated 28.10.2024, the Court below vide order dated 12.12.2024 dismissed the petition in Crl.M.P.No.3307 of 2024. The learned Sessions Judge, while exercising his discretionary power, dismissed the petition seeking relaxation of the condition, which need not be interfered with by this Court, as the same is justifiable. Hence this Criminal Original Petition is dismissed.

28.01.2025 Index : Yes/No Speaking Order : Yes/No ms 2/4

To

1. The Principal Sessions Judge, Salem.

2. The The Inspector of Police, Sankari Police Station, Salem District.

3. The Public Prosecutor, High Court, Madras.

3/4

P.VELMURUGAN, J ms 28.01.2025 4/4