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Madras High CourtCRL MP(MD)/3444/2023dismissed

Koothaiya v. The Inspector Of Police

2023-03-01Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL MP(MD) No.3444 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the First day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL MP(MD) No.3444 of 2023 IN CRL OP(MD) No.1199 of 2023 KOOTHAIYA ... PETITIONER/PETITIONER Vs THE STATE REP. BY, THE INSPECTOR OF POLICE, ARANTHANGI POLICE STATION, PUDUKOTTAI DISTRICT.

(CRIME NO.580 OF 2022) ... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to clarify the order dated 23.01.2023 passed in Crl.OP(MD) No.1199 of 2023.

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.LENIN KUMAR.T, Advocate for the petitioner and of MR.M.VEERANTHIRAN, Government Advocate (Crl. Side) on behalf of the Respondent the court made the following order:- This petition has been filed to clarify the order passed by this Court in Crl.O.P.(MD)No.1199 of 2023, dated 23.01.2023. 2.The case of the petitioner is that Koothaiya, the petitioner is the accused in this case, ie., in Cr.No.580 of 2022 on the file of the respondent Police, whereas, in the FIR, it has been wrongly stated by the respondent Police that Meiyappan (father of the petitioner) is the accused and Meiyappan is the son of Koothaiya. 3.In the opinion of this Court, this clarification has to be done by the concerned Magistrate after getting instructions from the respondent Police.

https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.3444 of 2023 4.In view of the same, this petition is dismissed with a direction to the petitioner to approach the concerned Magistrate and the respondent Police for clarification.

sd/- 01/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CMR TO 1 THE JUDICIAL MAGISTRATE, ARANTHANGI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT. 3 THE INSPECTOR OF POLICE, ARANTHANGI POLICE STATION, PUDUKOTTAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.T.LENINKUMAR, Advocate ( SR-3218[I] dated 02/03/2023 )

ORDER

IN CRL MP(MD) No.3444 of 2023 IN CRL OP(MD) No.1199 of 2023 Date :01/03/2023 NA/SAR-4/07.03.2023/2P/5C https://www.mhc.tn.gov.in/judis 2/2