Madras High CourtCRL OP/5671/2023disposed of

Tamil Selvi v. The State Rep By Its,

2023-03-13Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.5671 of 2023 Tamil Selvi ... Petitioner Vs.

The State, represented by Inspector of Police, Veppur Police Station, Cuddalore District.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to setaside the docket order passed by the Judicial Magistrate No.1, Virudhachalam in returned unnumbered C.A. of 2023 made in No.1075/ dated 27.02.2023 is unjust and illegal and consequently directing the Judicial Magistrate No.1, Virudhachalam to furnish a certified copy of the Section 164 Cr.P.C. statement of the victim girl to the petitioner to secure the ends of justice.

For Petitioner : Mr.M.Velmurugan For Respondent : Mr.S.Santhosh, Government Advocate (crl.side) 1/4

ORDER

This Criminal Original Petition has been filed to set aside the docket order passed by the learned Judicial Magistrate No.1, Virudhachalam in returned unnumbered C.A. of 2023 made in No.1075/ dated 27.02.2023 and to direct the learned Judicial Magistrate No.1, Virudhachalam to furnish a certified copy of the Section 164 Cr.P.C. statement of the victim girl to the petitioner.

2. Learned counsel for the petitioner submitted that petitioner filed copy application under Rule 209 of Criminal Rules of Practice seeking a copy of 164 Cr.P.C. statement. However, without furnishing copies, the petition was returned "how this petition is maintainable?". Challenging the return, this petition is filed.

3. In light of the submission of the learned counsel for the petitioner, this court directs the petitioner to comply with the return, justifying the maintainability of the petition with reasons. On such compliance, learned Judicial Magistrate No.1, Virudhachalam is directed to pass appropriate orders within a period of one week from the date of compliance of return. 2/4

4. Accordingly, this Criminal Original petition is disposed of. 13.03.2023 Internet:Yes Index:Yes/No mpl To 1.The Inspector of Police, Veppur Police Station, Cuddalore District.

2.The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN, J.

mpl Crl.O.P. No.5671 of 2023 13.03.2023 4/4