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Madras High CourtCRL OP/21651/2015dismissed with liberty

K.Sathya v. The State Rep. By

2015-08-31Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 31.08.2015

CORAM

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN Crl.OP.No.21651 of 2015 K.Sathya .. Petitioner

Versus

State rep. By The Inspector of Police, Vellampalayam Police Station, Tirupur.

(Crime No.372 of 2015) .. Respondent Prayer:

Criminal Original Petition is filed under Section 439(1)(B) of the Criminal Procedure Code, to modify the condition imposed by the Judicial Magistrate No.I in C.M.P.No.2377 of 2015, dated 10.08.2015. For Petitioner : Mr.N.Stalin For Respondent : Mr.G.Ayyapparaj Additional Public Prosecutor

O R D E R

This petition has been filed by the petitioner under Section 439 (1)b to modify the conditions imposed by the Judicial Magistrate No.1, Thiruppur in C.M.P.No.2377 of 2015, dated 10.08.2015.

2. The learned Government Advocate (Crl. Side) submitted that this petition under Section 439 is not maintainable and the petitioner has to seek remedy by way of filing representation or filing necessary petition under Section 482 Cr.P.C.

3. Considering the submission of the learned Government Advocate (Crl. Side), this petition is dismissed with liberty to file a fresh petition before the appropriate forum. Registry is directed to return the original order copy to the petitioner, as he has filed a copy of the same in the typed set of papers.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ mrp

To

1. The Judicial Magistrate No.1, Thiruppur.

2. The Inspector of Police, Vellampalayam Police Station, Thiruppur.

3. The Public Prosecutor, High Court, Madras. Crl.OP.No.21651 Of 2015 TS(CO) EU 18.09.15 https://hcservices.ecourts.gov.in/hcservices/