M.Noorullah v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.19689 of 2023 M.Noorullah ... Petitioner Vs.

1.The Superintendent of Police, Cuddalore District Cuddalore.

2.The Station House Officer, Kattumannar Koil police Station, Kattumannar Koil, Cuddalore District.

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct against the respondents to take necessary steps to issue appropriate Look our circular against the accused in Crime No. 18 of 2019 on the file of the 2nd respondent police by considering the petitioner representation dated 12.08.2023.

For Petitioner : Mr.B.Ramprabu For Respondents : Mr.A.Damodaran Additional Public Prosecutor 1/4

O R D E R

This petition has been filed for a direction to the respondent police to act upon the representation made by the petitioner on 12.08.2023, wherein, the petitioner has requested the 1st respondent to issue the Lookout Circular against the accused persons.

2.The learned Additional Public Prosecutor on instructions submitted that the FIR was registered in Crime No.18 of 2019 as against two named accused persons for offences under Sections 294(b), 448, 427, 323, 324, 506(ii) of IPC. Initially, anticipatory bail was granted to the accused persons and it was subsequently cancelled for A2. An absconding charge sheet was filed before the District Munsif-cum-Judicial Magistrate, Kattumannarkoil insofar as A2 is concerned. The learned Additional Public Prosecutor further submitted that the case is pending from the year 2019 for issuance of summons to A2 and there has been absolutely no progress in this case. It was further submitted that the case is now posted on 18.09.2023.

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3.The learned counsel for the petitioner submitted that A2 had gone abroad and the accused persons are not appearing before the Court. The learned counsel further submitted that both the accused persons are now in India and they are aware about the pending cases and they are taking effective steps to leave India and go abroad. In view of the same, a representation was given by the petitioner for issuing Lookout Circular.

4.In the considered view of this Court, the matter has been pending from the year 2019 without any progress. The anticipatory bail that was granted in favour of A2 has also been cancelled. In view of the same, there shall be a direction to the 2nd respondent to secure A2 and produce him before the Court and the Court below shall ensure that both A1 and A2 appear before the Court during every date of hearing. If the respondent police is satisfied that the accused persons are attempting to move away from India, it is left open to the respondents to take effective steps by giving necessary information to the Immigration. 3/4

N.ANAND VENKATESH, J ssr 5.The Court below shall conduct the trial on day to day basis and the proceedings in C.C.No.108 of 2019 shall be completed, within a period of four months from the date of receipt of copy of this order. 6.This criminal original petition is disposed of with the above directions. 29.08.2023 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr To 1.The Superintendent of Police, Cuddalore District Cuddalore.

2.The Station House Officer, Kattumannar Koil police Station, Kattumannar Koil, Cuddalore District.

Crl.O.P.No.19689 of 2023 4/4