S.Suresh v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.25407 of 2023 S.Suresh .. Petitioner

Versus

1.The Superintendent of Police, Thiruchengodu Road, Namakkal District - 637 003.

2.The Inspector of Police, All Women Police Station, Thiruchengodu, Namakkal District - 637 211.

..Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to suspend the Lookout Circular made in RC number D1/29/DCRB/2019 dated 14.09.2019 passed by the first respondent i.e., The Superintendent of Police, Thiruchengodu Road, Namakkal District - 637 003.

For Petitioner : Mr.N.Devarajan For Respondents : Mr.A.Damodaran Additional Public Prosecutor 1/6

ORDER

This petition has been filed challenging the lookout circular issued by the first respondent and to suspend the same in order to enable the petitioner to travel abroad.

2. When the matter was taken up for hearing on 05.09.2023, this Court directed the learned Additional Public Prosecutor to take instructions and accordingly, this case was listed for hearing today.

3. When the matter is taken up for hearing today, the learned Additional Public Prosecutor submitted that the petitioner was convicted by the learned Judicial Magistrate, Kumarapalayam in C.C.No.536 of 2020 and aggrieved by the same, the petitioner filed an appeal before the Additional District Court, Thiruchengodu in C.A.No.106 of 2022. This appeal is posted for final hearing tomorrow.

4. In the light of the above submission, it will be more appropriate if a time limit is fixed by this Court for the disposal of the Criminal Appeal by the Court below. On the disposal of the Criminal Appeal, the petitioner will 2/6

be able to get more clarity as to where he stands. That apart, the petitioner must also be present on the date of the judgment to be passed in the Criminal Appeal.

5. In view of the above, there shall be a direction to the learned Additional District Judge, Thiruchengodu to dispose of Crl.A.No.106 of 2022 within a period of four weeks from the date of receipt of a copy of this order. It is made clear that the final arguments will be completed on the side of the accused person as well as on the side of the prosecution at the earliest to enable the Court below to pass final judgment in the Criminal Appeal within the time stipulated by this Court. After the Criminal Appeal is disposed off, depending upon the result in the Criminal Appeal, the petitioner can work out his remedy in accordance with law.

6. This Writ Petition is disposed off in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 21.09.2023 Index : yes/no 3/6

Speaking order/Non-speaking order : yes/no rjr/grs To

1. The Additional District Judge, Thiruchengodu.

2. The Superintendent of Police, Thiruchengodu Road, Namakkal District - 637 003.

3. The Inspector of Police, All Women Police Station, Thiruchengodu, Namakkal District - 637 211.

4. The Public Prosecutor, High Court of Madras.

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N.ANAND VENKATESH, J.

grs and W.M.P.No.25407 of 2023 21.09.2023 5/6

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