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Madras High CourtCRL MP/7963/2023allowed

Kalimuthu v. State Rep By

2023-06-14Honourable Mr Justice M. Nirmal Kumar3 pages

in Crl.O.P.No.4322 of 2022 M. NIRMAL KUMAR , J.

The petitioners/Accused 2 to 4 in Crime No.29 of 2022 have filed the quash petition in Crl.O.P.No.4322 of 2022.

2. Crl.M.P.No.7963 of 2023 is filed by the petitioners to implead the Deputy Superintendent of Police, Pollachi, Coimbatore District as third respondent in the above Criminal Original Petition for the reason that earlier an F.I.R. was registered for offences under Sections 143, 342, 323, 324 and 506(i) of I.P.C. by the Inspector of Police, Anamalai Police Station, Coimbatore and hence, he had been shown as first respondent in the above O.P. The de-facto complainant Harisudhakaran has been shown as second respondent. Later, the case has been altered to Sections 109, 147, 148, 342, 323, 324, 506(ii) r/w 3(1)(r), 3(1)(s) and r/w 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 on 19.01.2022. After the inclusion of SC/ST Act, the case has been transferred to the file of Deputy Superintendent of Police, Pollachi, Coimbatore District. In view of the same, Crl.M.P.No.7963 of 2023 has been filed by the 1/3

petitioners to array Deputy Superintendent of Police, Pollachi as third respondent in the original petition.

3. Learned Additional Public Prosecutor have no objection for allowing the impleading petition. Accordingly, this Criminal Miscellaneous Petition is ordered.

4. It is also submitted that co-accused, namely, A1, A5 and A6 have filed quash application in Crl.O.P.No.9486 of 2023. Further it is submitted that now a compromise arrived between the accused and the 2nd respondent/de-facto complainant. In view of the compromise, a composite order can be passed by listing the present Criminal Original Petition along with Crl.O.P.No.9486 of 2023.

5. In view of the same, Registry is directed to get necessary orders from the Hon'ble The Chief Justice for posting both Criminal Original Petitions, viz., Crl.O.P.No.4322 of 2022 and Crl.O.P.No.9486 of 2023 together.

14.06.2023 rsi 2/3

M. NIRMAL KUMAR , J.

rsi in Crl.O.P.No.4322 of 2022 14.06.2023 3/3