Madras High CourtCRL OP(MD)/13016/2017ordered

S.Kumaresan v. The Inspector Of Police

2017-09-27Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN CRL.O.P.(MD)No.13016 of 2017 S.Kumaresan ... Petitioner/Accused No.7 -Vs1.The State Rep. By The Inspector of Police, Thattarmadam Police Station, Thoothukudi District.

2.The Inspector of Police, Sathankulam Police Station, Thoothukudi District.

... Respondents PRAYER: Criminal Original petition filed under Section 482 of Criminal Procedure Code, directing the learned Judicial Magistrate, Sathankulam, Thoothukudi District to entertain the applications having been submitted by the petitioner by invoking the provisions under Section 207 Cr.P.C. as well as Section 311 Cr.P.C. during the course of enquiry in the committal proceedings in PRC No.63 of 2000 on the file of the Judicial Magistrate, Sathankulam, Thoothukudi District and subsequently conduct an enquiry on the same within a time frame as specified by this Court forthwith.

For Petitioner : Mr.S.Palani Velayutham For Respondents : Mr.K.Anbarasan, Government Advocate(Crl.Side) **

O R D E R

This Criminal Original petition has been filed seeking a direction to the learned Judicial Magistrate, Sathankulam, Thoothukudi District to entertain the applications submitted by the petitioner by invoking the provisions under Section 207 Cr.P.C. as well as Section 311 Cr.P.C. during the course of enquiry in the committal proceedings in PRC No.63 of 2000 on the file of the Judicial Magistrate, Sathankulam, Thoothukudi District and subsequently conduct an enquiry on the same within a time frame as specified by this Court forthwith.

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2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal side) appearing for the respondents.

3.According to the learned counsel for the petitioner, the applications filed under Section 207 Cr.P.C. and 311 Cr.P.C. were not entertained by the Court below. Hence, the petitioner has come forward with the present petition.

4.Considering the facts and circumstances of the case, this Court directs the learned Judicial Magistrate, Sathankulam, Thoothukudi District to entertain the applications submitted by the petitioner by invoking the provisions under Section 207 Cr.P.C. as well as Section 311 Cr.P.C. during the course of enquiry in the committal proceedings in PRC No.63 of 2000 and conduct an enquiry on the same and pass appropriate orders, on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, the Criminal Original Petition is disposed of.

Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, Thattarmadam Police Station,Thoothukudi District. 2.The Inspector of Police, Sathankulam Police Station, Thoothukudi District. 3.The Learned Judicial Magistrate, Sathankulam, Thoothukudi District.

4.The Chief Judicial Magistrate,Thoothukudi.

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

+1cc to M/S.S.PALANI VELAYUTHAM, Advocate SR.No.81313 cp/sj MAS/SKN-RSK/SAR3:04.10.2017:2P-7C CRL.O.P.(MD)No.13016 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 27.09.2017