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Madras High CourtCRL OP/9018/2023disposed of

Sridhar S.V v. State Rep By

2023-07-14Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH and Crl.M.P.Nos.5817 & 5819 of 2023 Sridhar S.V.

... Petitioner vs.

1.The State represented by Inspector of Police, B-3, V.H. Road Police Station, Coimbatore.

2.Thiagarajan A.

Junior Shorthand Reporter, Police Shorthand Station, Coimbatore City.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.363 of 2021 on the file of Judicial Magistrate-V, Coimbatore and quash the same. For Petitioner : Mr.Ramesh Kumar Chopra For Respondent-1 : Mr.A.Gopinath Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.363 of 2021 on the file of Judicial Magistrate Court No.V, Coimbatore, only on the ground that the Court below had taken cognizance without the sanction order.

2. When the matter was taken up for hearing, learned Government Advocate (Crl. Side) submitted that the sanction order was filed before the Court in G.O.Ms.No.548 (Public Law and Order-H), dated 21.10.2020 and the same was taken into consideration at the time cognizance was taken.

3. In the light of the above submission, there is no ground to quash the proceedings in C.C.No.363 of 2021. There shall be a direction to the Court below to furnish a copy of the sanction order to the petitioner in order to enable the petitioner to effectively defend himself in the case. 2/4

4. This Criminal Original Petition is disposed of accordingly. Consequently, connected miscellaneous petitions are closed. 14.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rsi To 1.The Inspector of Police, B-3, V.H. Road Police Station, Coimbatore.

2.The Judicial Magistrate No.V, Coimbatore.

3.The Public Prosecutor, High Court, Madras.

3/4

N. ANAND VENKATESH, J.

rsi and Crl.M.P.Nos.5817 & 5819 of 2023 14.07.2023 4/4