Sathyamurthy v. Assistant Commissioner Of Police

in Crl.A.No.345 of 2023 M.SUNDAR. J., AND R.SAKTHIVEL. J., This order will now dispose of the captioned 'Criminal Miscellaneous Petition' ['Crl.MP' for the sake for brevity, convenience and clarity].

2. This order has to be read in conjunction with and in continuation of earlier proceedings made in the listing on 10.07.2023, which reads as follows:

'Read this in conjunction with and in continuation of earlier proceedings dated 06.07.2023 made in main 'Criminal Appeal No.345 of 2023' ['Crl.A' for the sake of brevity, convenience and clarity] and captioned 'Criminal Miscellaneous Petition No.4489 of 2023 thereat' ['Crl.MP' for the sake of brevity, convenience and clarity] which reads as follows:

2. The aforementioned proceedings capture all essential facts.

3. Suffice to say that captioned Crl.MP No.9663 of 2023 has been taken out with a prayer to implead the victim as fourth respondent.

4. Issue notice. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor accepts notice for respondent Nos.1 and

2. Mr.R.Muthukrishnan, Advocate (Enrolment No.MS.2729/2014) with address for service at No.456, New Additional Law Chambers, Madras High Court Campus, Chennai - 600 104, who is already on record for the third respondent (defacto complainant) in the main Crl.A accepts notice for the third respondent, same counsel i.e., Mr.R.Muthukrishnan accepts notice for the fourth respondent also.

5. Learned counsel who has accepted notice for fourth respondent requests for a short accommodation to get instructions and revert to this Court. Request acceded to.

6. List on Thursday. List on 13.07.2023. '

3. The aforesaid proceedings made in 10.07.2023 listing is telltale qua the trajectory the matter has taken before this Court and it also captures all essentials that are imperative for appreciating this order and therefore. we are not setting out those details again in this order made today.

4. Today, Mr.R.C.Paul Kanagaraj, learned counsel appearing for the petitioner in captioned Crl.MP, Mr.R.Murthukrishnan, learned counsel who has accepted notice for the fourth respondent and who is already representing the third respondent, Mr.A.Gokulakrishnan, learned State Additional Public Prosecutor for Respondents 1 and 2 are before us. In the light of sub-section (3) of Section 15A of 'Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989' [hereinafter 'SC/ST (PoA) Act' for the sake of brevity], learned Additional Public Prosecutor as well as Mr.R.Muthukrishnan submit that they are not opposing the implead prayer in the captioned Crl.MP.

In the light of the narrative thus far, captioned Crl.M.P. is allowed and the implead prayer is acceded to. Registry to carry out necessary and consequential amendments forthwith.

(M.S.,J.) (R.S.V.,J.) 31.08.2023 (1⁄2) gpa

M.SUNDAR. J., AND R.SAKTHIVEL. J., gpa in Crl.A.No.345 of 2023 31.08.2023