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Madras High CourtCRL OP/28580/2017closed

B.Manoharan, M/A 45 Years, v. The Superintendent Of Police,

2021-08-06Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2021

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN Crl.O.P.No.28580 of 2017 B. Manoharan

...Petitioner

-Vs1. The Superintendent of Police, Villupuram District, Villupuram.

2. The Deputy Superintendent of Police, Thindivanam, Villupuram District.

3. S.Rajaram

4. M. Vanitha

5. Seetha @ ilayakumari

6. Kannaiyan

7. K. Murugan

8. Selvamani @ Prabhu

9. K. Pappathi

10. P. Shivakala [R3 to R10 are impleaed as per the order of this Court dated 26.02.2018 made in Crl.M.P.No. 2715 of 2018 in Crl.O.P.No.28580 of 2017].

...Respondents

Criminal Original Petition filed under Section 482 of Code of Criminal Procedure, to direct the 2nd respondent to render police protection to the petitioner to enter into the Keeledaiyaalam Village.

For Petitioner : Mrs.A.Rajeswari Karthikeyan No Appearance For RR 1&2 : Mr.E. Raj Thilak Counsel for Govt. of Tamil Nadu (Criminal Side)

ORDER

This Criminal Original Petition is filed for issuance of direction to the second respondent to give police protection to the petitioner for entering into the Keeledaiyaalam Village, Villupuram, for the alleged offences under Sections 147, 148, 302 and 506(ii) IPC against the petitioner.

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

2. The case of the petitioner is that for a suspicious death of one Mr.Megavarnan S/o. Kammiyan at Keeledaiyaalam Village, Villupuram. Subsequently, the petitioner along with 9 others were arrested by the respondent police in Crime No.111 of 2012 on the file of the Additional District and Sessions Judge, Villupuram, Thindivanam, in S.C.No.356 of 2012. After completion of the trial, the petitioner along with ten others were acquitted by the Court below by judgment dated 20.11.2015. Aggrieved by the judgment, the petitioner along with others have not preferred any appeal in this case. After the arrest of the petitioner, some people of Keeledaiyaalam Village were objecting for the petitioner's entry into the said Village. Hence, the petitioner restricted himself from entering into his native place till the judgment in the above case. Hence this petition.

3. Today, when the matter was taken up for hearing, the learned Government Advocate (Criminal Side) appearing for the respondents 1&2 submitted that after completion of trial, the petitioner/accused was acquitted by the learned Judicial Magistrate-II, Tindivanam, therefore, the relief sought for by the petitioner has become infructuous.

4. In view of the above submission made by the learned Government Advocate (Criminal Side), nothing survives for further adjudication in this petition. Hence, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar msm To

1. The Judicial Magistrate-II, Tindivanam.

2. The Superintendent of Police, Villupuram District, Villupuram.

3. The Deputy Superintendent of Police, Thindivanam, Villupuram District.

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No. 28580 of 2017 AD[co] NSK 23/09/2021 https://hcservices.ecourts.gov.in/hcservices/