Madras High CourtCRL A/1175/2022dismissed for default

Viswanathan v. The Inspector Of Police

2022-11-28Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:28.11.2022

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN Viswanathan ... Appellant Vs.

The Inspector of Police, Gudiyatham Taluk Police Station, ... Respondent Prayer: Criminal Appeal filed under Section 14-A Cr.P.C., to set aside the order in Crl.M.P.No.535 of 2022 on the file of the Sessions Judge, Special Court for Trial of Cases under SC/ST Act (POA) Vellore, Vellore District and to enlarge the petitioner/accused on bail pending investigation in Crime No.264 of 2022 on the file of the respondent police. For Appellant : Mr.N.Sudharsan For Respondent : Mr.S.Sugendran Additional Public Prosecutor 1/4

***** J U D G E M E N T This Criminal Appeal has been filed against the order dated 02.11.2022 passed in Crl.M.P.No.535 of 2022 on the file of the Sessions Judge, Special Court for Trial of Cases under SC/ST Act (POA) Vellore,

2. Since the offence involved in this case is under SC/ST act, as per the mandatory provisions, notice has to be served on the defacto complainant before considering the bail application. Hence, this Court vide order dated 17.11.2022, directed the appellant to take notice on the defacto complainant returnable by 28.11.2022.

3. Learned counsel for the appellant has not taken effective steps to comply with the order of this Court and proof of service has also not been filed by the appellant.

4. In view of the same, the Criminal Appeal is dismissed for default. 28.11.2022 mfa Index:yes/No 2/4

Internet:yes/No To

1. The Sessions Judge, Special Court for Trial of Cases under SC/ST Act (POA) Vellore,

2. The Inspector of Police, Gudiyatham Taluk Police Station,

3. The Public Prosecutor High Court, Chennai.

3/4

P.VELMURUGAN , J.

mfa 28.11.2022 4/4