The Assistant Director v. The State Rep. By

Crl. M.P. No.19173 of 2023 in Crl.O.P. SR. No.5758 of 2023 Crl. M.P. No.19173 of 2023 in Crl.O.P. SR. No.5758 of 2023 S.S.SUNDAR, J.

and SUNDER MOHAN, J.

(Order of the Court was made by S.S.SUNDAR, J.) Seeking to dispense with the production of certified copy of the order passed by the learned Judicial Magistrate I, Alandur, dated 17.11.2022 on the closure report in connection with Crime No.304 of 2022 on the file of the first respondent police, the present petition has been filed.

2. This petition is seriously opposed by the learned Additional Public Prosecutor saying that this Court ought not to have granted leave as the petitioner is neither a victim nor an aggrieved party. Learned Additional Public Prosecutor submitted that the petitioner has no locus standi to challenge the order impugned. It is also brought to our notice that this Court has expressed its desire earlier to consider the leave petition elaborately particularly on the question of locus standi.

https://www.mhc.tn.gov.in/judis Page No.1/2

Crl. M.P. No.19173 of 2023 in Crl.O.P. SR. No.5758 of 2023 S.S.SUNDAR, J.

and SUNDER MOHAN, J.

mmi

3. In view of the submission made before us, leaving it open to the first respondent to file an application to revoke leave and to make submissions on maintainability of the main criminal original petition itself while hearing the main petition, this miscellaneous petition is ordered.

4. Registry is directed to number the criminal original petition and list the same on 18.12.2023.

(S.S.S.R.,J.) (S.M.,J.) 12.12.2023 mmi Crl. M.P. No.19173 of 2023 in Crl.O.P. SR. No.5758 of 2023 https://www.mhc.tn.gov.in/judis Page No.2/2