Madras High CourtCRL OP/23239/2021disposed of

Manikandan v. Inspector Of Police

2021-12-08Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.23239 OF 2021 Manikandan ... Petitioner

Versus

1. The State Rep. by The Inspector of Police, Thiruverkadu Police Station, Thiruverkadu, Thiruvallur District.

(Crime No.1375 of 2021)

2. The Assistant Commissioner of Police, Poothamallee, Tiruvallur District.

... Respondents PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge, (Special Court for SC/ST Act), Thiruvallur, to accept the surrender of the petitioner in connection with Crime No.1375 of 2021 pending investigation on the file of the second respondent Police and to consider. For Petitioner :

Mr.K.Rajan For Respondents :

Mr.R.Vinothraja Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to direct the learned Principal District and Sessions Judge, (Special Court for SC/ST Act), Thiruvallur, to accept the surrender of the petitioner in connection with Crime No.1375 of 2021 pending investigation on the file of the second respondent Police and to consider.

https://hcservices.ecourts.gov.in/hcservices/

2.In view of the amendments made in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, this Court is of the view that the usual directions that were issued by this Court cannot be issued routinely in all cases. Therefore, the petitioner is directed to surrender before the trial Court within a period of two weeks from the date of receipt of a copy of this order and on such surrender, the learned Principal District and Sessions Judge, (Special Court for SC/ST Act), Thiruvallur, shall deal with the matter on the same day on merits and in accordance with law, after issuing notice to the victims under Section 15-A (3) of the SC/ST Act. It makes it clear that without going into the merits of this case, this Court is inclined to dispose the matter and it is for the trial Court to decide the case on its own merit. 3.This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ah To

1. The Principal District and Sessions Judge, (Special Court for SC/ST Act), Thiruvallur.

2. The Inspector of Police, Thiruverkadu Police Station, Thiruverkadu, Thiruvallur District.

(Crime No.1375 of 2021)

3. The Assistant Commissioner of Police, Poothamallee, Tiruvallur District.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Rajan, Advocate, SR.NO.65763(21/12/2021) CRL.O.P.No.23239 of 2021 KSM(CO) PM/08/12/2021 https://hcservices.ecourts.gov.in/hcservices/