D.V.Kiran Shruthi - I.P.S v. Anna Durai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and Crl.M.P.No.373 of 2024 D.V.Kiran Shruthi, I.P.S., The Superintendent of Police, Ranipet, Ranipet District.

... Petitioner Vs.

1. Anna Durai

2. The Inspector of Police, Kilpennathur Police Station, Tiruvannamalai District.

3. Amirthavalli

4. Veera Memorial Trust, Represented by Managing Trustee, Vijayan, Office Athiyandal Village, Tiruvannamalai Taluk, Tiruvannamalai District.

5. N.Vijayan

6. Viji

7. Sivakumar

8. Rajamani

9. Chandramohan

10. Durai

11. Gunasekaran

12. Vinoth ... Respondents PRAYER : Criminal Revision filed under Section 397 r/w Section 401 of the code of Criminal Procedure, 1973 to call for the records of the summon issued in Crl.M.P.No.891 of 2022 on the file of the Principal Sessions Judge, Special Court for Exclusive Trial of Cases registered under SC/ST Prevention of Atrocities, Tiruvannamalai, dated 22.08.2022. For Petitioner :

Mr.R.Thirumoorthy For Respondents :

Mr.R.Natarajan for R1 Mr.A.Gopinath Govt. Advocate (Crl.Side) for R2 Mr.K.Gandhi Kumar for R4 & R5 Mr.K.Kathiravan forR6,R7,R9- R11

O R D E R

This criminal revision case has been filed to set aside the order dated 22.08.2022 made in Crl.M.P.No.891 of 2022 on the file of the Principal Sessions Judge, Special Court for Exclusive Trial of Cases Registered under SC/ST Prevention of Atrocities, Tiruvannamalai.

2. Today when the matter is taken up for hearing, the de facto complainant, namely, the first respondent herein, appeared before this Court and stated that he has no personal vexation as against the petitioner and he is not interested in pursuing the case and hence, this Court may set aside the impugned order by directing the trial Court to proceed further with Spl.S.C.No.44 of 2023.

3. In view of the endorsement and the affidavit to that effect dated 03.07.2024 made by the first respondent, the impugned order dated 22.08.2022 passed in Crl.M.P.No.891 of 2022 by the Principal Sessions Judge, Special Court for Exclusive Trial of Cases Registered under SC/ST

Prevention of Atrocities, Tiruvannamalai is set aside. The learned Special Judge, Special Court for Exclusive Trial of Cases Registered under SC/ST Cases, Tiruvannamalai is directed to proceed further in Spl.S.C.No.44 of 2023 and pass appropriate orders on merits and in accordance with law in respect of other accused without being influenced by the affidavit filed by the first respondent, as expeditiously as possible.

4. Accordingly, this Criminal Revision Case is allowed. Consequently, connected miscellaneous petition is closed. 03.07.2024 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The Inspector of Police, Kilpennathur Police Station, Tiruvannamalai District.

2. The learned Principal Sessions Judge, Special Court for Exclusive Trial of Cases Registered under SC/ST Prevention of Atrocities, Tiruvannamalai.

3. The Public Prosecutor, Madras High Court.

M.DHANDAPANI, J.

vji and Crl.M.P.No.373 of 2024 03.07.2024