Madras High CourtCRL OP(MD)/11473/2015ordered

Sakthi @ Sakthivel v. The Deputy Superintendent Of

2015-06-24Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.11473 of 2015 Sakthi @ Sakthivel ... Petitioner Vs.

1. The Deputy Superintendent of Police, Pudukottai, Pudukottai District.

2. The Inspector of Police, Thirukokarnam Police Station, Pudukottai, Pudukottai District.

(Crime No.293 of 2011) ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned Principal District and Sessions Judge, PCR Court, Pudukottai under the SC/ST Act to consider the Warrant Recall Petition of the petitioner in connection with S.C.No.79 of 2012, pending trial on merits on the same day.

For Petitioner : Mr.G.Mathavan For Respondents : Mrs.S.Prabha Government Advocate (Crl.Side)

O R D E R

The petitioner approaches this Court for a direction to the learned Principal District and Sessions Judge, PCR Court, Pudukottai under the SC/ST Act to consider the Warrant Recall Petition of the petitioner in connection with S.C.No.79 of 2012, pending trial on merits on the same day.

2. The petitioner is alleged to have committed an offences under Sections 323, 506(ii) of I.P.C., r/w. Section 3(i)(x) of SC/ST (POA) Act. It is stated by the petitioner that he is innocent.

3. The learned counsel for the petitioner would submit that the petitioner is prepared to surrender before the learned Principal District and Sessions Judge, PCR Court, Pudukottai to co-operate with the prosecution and his petition for recall warrant in connection with S.C.No.79 of 2012 may be ordered to be considered on the same day.

4. Heard the learned Government Advocate (Crl.side).

5. Considering the submissions of the learned counsel for the petitioner and considering the facts and circumstances by issuing a direction to the learned Principal District and Sessions Judge, PCR Court, Pudukottai to dispose of the petition for recall warrant on the https://hcservices.ecourts.gov.in/hcservices/

same day, no prejudice would be caused to the prosecution, the following direction is issued to the lower Court:- "In the event of the petitioner surrendering before the learned Principal District and Sessions Judge, PCR Court, Pudukottai and his filing of petition seeking recall warrant, the learned Principal District and Sessions Judge, PCR Court, Pudukottai shall dispose of the said petition for recall warrant on the same day strictly on merits and in accordance with law."

The Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To

1. The Principal District and Sessions Judge, PCR Court, Pudukottai.

2. The Deputy Superintendent of Police, Pudukottai, Pudukottai District.

3. The Inspector of Police, Thirukokarnam Police Station, Pudukottai, Pudukottai District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.G.Mathavan,Advocate SR.No.33423 Crl.O.P(MD).No.11473 of 2015 24.06.2015 akv PA/PPS/30.06.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/