Tamilselvan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6474 of 2020 1.Tamilselvan 2.Thiyagu @ Thiyagarajan 3.Dinesh @ Arun 4.Logu @ Loganathan ... Petitioners Vs.

State represented by, The Inspector of Police, Erode Town Police Station, Erode District.

Crime No.734/2017.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to set aside the order dated 01.02.2020 in Crl.M.P.No.117 of 2019 in S.C.No.109 of 2018 on the file of Learned I Additional District and Sessions Judge, Erode.

For Petitioners: Mr.C.Ramkumar For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed challenging the order passed in Crl.M.P.No.117 of 2019 in S.C.No.109 of 2018 dated 01.02.2020, thereby dismissing the application filed by the petitioners under Section 91 of Cr.P.C to produce the General Diary of the respondent police. 2.

Admittedly, the petitioners are accused and they filed the application to produce the general diary of the respondent. The petitioners, being the accused persons have no locus to direct the respondent to produce the General Diary under Section 91 of Cr.P.C. Therefore, the Trial Court while rightly dismissed the petition filed by the petitioners. As such, this Court does not find any infirmity or illegality in the order passed by the Court below.

1/2 https://hcservices.ecourts.gov.in/hcservices/

3.

Accordingly, this Criminal Original Petition is dismissed.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar jas To 1.State represented by, The Inspector of Police, Erode Town Police Station, Erode District.

Crime No.734/2017.

2.The I Additional District and Sessions Judge Erode

3. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.Ramkumar Advocate sr24467 Crl.O.P.No.6474 of 2020 aa17/07/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/