Raffic v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Raffic ... Petitioner Vs.

State Rep by Inspector of Police, All Women Police Station, Thiruvallur, Thiruvallur District-602 001.

(Crime No.7 of 2023) ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to set aside the returned docket order dated 04.09.2023 made in unnumbered C.M.P.S.R.No.1991 of 2023 on the file of the Additional Mahila Court, Thiruvallur and to take the petition. For Petitioner : Mr.T.R.Kumaravel For Respondent : Mr.S.Udaya Kumar

O R D E R

The petitioner challenged the order of the trial Court which has returned the petition filed under Section 156(3) of Cr.PC seeking 1/3

exception to the petitioner herein to go abroad.

2. The trial court has rightly returned the petition since it is not filed under proper provision of law or the prayer not in consonance with the need of the petitioner herein. Hence this Court finds no error in the order.

3. Accordingly, this Criminal Original Petition is dismissed. However while dismissing this Criminal Original Petition, liberty is given to the petitioner herein to file appropriate application before the trial court seeking No Objection Certificate to go abroad with necessary details regarding his travel abroad and returned back. The Court can then consider when his presence is not required during that period and his absence will not be an impediment for the progress of the trial and pass appropriate orders.

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1. The Additional Mahila Court, Thiruvallur.

2. The Inspector of Police, All Women Police Station, Thiruvallur, Thiruvallur District-602 001.

3. The Public Prosecutor, 2/3

High Court of Madras, Chennai.

Dr.G.JAYACHANDRAN,J.

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