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Madras High CourtCRL MP(MD)/2279/2023dismissed for nonprosecution

J.Gowtham v. The Inspector Of Police

2023-02-15Honourable Mr Justice G.Ilangovan2 pages

CRL MP(MD) No.2279 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.2279 of 2023 IN CRL A(MD) No.547 of 2021 GOWTHAM ... PETITIONER/APPELLANT/ACCUSED NO.1 Vs STATE REP. BY, THE INSPECTOR OF POLICE, NIB CID, MADURAI DISTRICT.

CRIME NO. 12 OF 2018 ... RESPONDENT/RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Suspend the Sentence imposed on the Petitioner/Appellant/Accused No.1 by the Learned I Addl. Special Court for NDPS Act Cases,Madurai in CC.No.406 of 2018 dt.29.10.2021 and enlarge the Petitioner on bail pending disposal of the Criminal Appeal.

PRAYER IN CRL A(MD) No.547 of 2021:- To call for the records and conviction and sentence passed in C.C.No.406 of 2018 dated 29.10.2021 on the file of the Learned 1st Addl. Special Court for NDPS Act Cases,Madurai so far as appellant concerned.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.JEGADEESH PANDIAN M, Advocate for the petitioner and of M/S.B.NAMBISELVAN, Additional Public Prosecutor on behalf of the Respondent the court made the following order:- This miscellaneous petition has been filed seeking suspension of sentence on the ground that the petitioner's father is sick. Therefore, the learned Additional Public Prosecutor was directed to verify the health condition of the father of the petitioner. Today the learned Additional Public Prosecutor would submit that the https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.2279 of 2023 health condition of the father of the petitioner is normal. However, the learned counsel for the petitioner is not ready to argue the matter. Therefore, this criminal miscellaneous petition is dismissed for non prosecution.

2.Records has been received from the concerned trial Court. List the main appeal in the usual course after preparing the typed set of papers along with Crl.A.(MD).No.126 of 2023. sd/- 15/02/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 I ADDL. SPECIAL COURT FOR NDPS ACT CASES,MADURAI. 2 THE SUPERINTENDANT, CENTRAL PRISON, MADURAI.

3 THE INSPECTOR OF POLICE, NIB CID, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL MP(MD) No.2279 of 2023 IN CRL A(MD) No.547 of 2021 Date :15/02/2023 NA/MMS/SAR-4/27.02.2023/2P/5C https://www.mhc.tn.gov.in/judis 2/2