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Madras High CourtCRL OP(MD)/2165/2016closed

Dharmar v. The Sub Inspector Of Police

2016-02-12Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP(MD) No.2165 of 2016 Dharmar ... Petitioner Vs The Sub Inspector of Police, Erode Police Station, Dindigul District.

(Crime No.65 of 2015) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to set aside the order of the learned Judicial Magistrate, Vedasandhur in unnumbered Cr.M.P.No. of 2016 dated 01.02.2016 and consequently direct the learned Judicial Magistrate, Vedasandhur, to accept the Sureties of the petitioner imposed in Cr.M.P.No.1780 of 2015.

For Petitioner :Mr.R. Venkatesan For Respondents :Mr.C.Mayilvahana Rajendran, Additional Public Prosecutor

ORDER

Seeking a direction to set aside the order of the learned Judicial Magistrate, Vedasandhur, in an unnumbered petition dated 01.02.2016 and for a consequential direction to the learned Judicial Magistrate, Vedasandhur, to accept the Sureties of the petitioner imposed in Cr.M.P.No.1780 of 2015, the petitioner has come up with this petition.

2. I have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. It is seen that the petitioner had submitted an application for acceptance of sureties before the learned Judicial Magistrate, Vedasandhur and the learned Magistrate has returned the papers, with the query, "How can be this petition is maintainable". Challenging the said return, the petitioner has filed this set aside application.

4. In the considered opinion of this Court, the learned Judicial Magistrate, Vedasandhur has not passed any order and instead, the learned Magistrate has returned the papers asking the https://hcservices.ecourts.gov.in/hcservices/

petitioner to explain how the petition is maintainable. Hence, the prayer in this petition, under Section 482 of Cr.P.C., is not sustainable. It is open to the petitioner to represent the papers by explaining how the petition is maintainable. The Registry is directed to return the papers to the learned counsel for the petitioner and after the receipt of the same, two weeks time is granted to the petitioner to represent the papers before the learned Judicial Magistrate, Vedasandhur.

With the above direction, this petition is disposed of. Sd/- Assistant Registrar(CO-DEPT) /True copy/ Sub Assistant Registrar pmu/RR To

1. The Judicial Magistrate, Vedasandhur.

2. The Sub Inspector of Police, Erode Police Station, Dindigul District.

3. The Public Prosecutor, Madurai Bench of Madras High Court, Maudrai.

Copy to: The Section Officer, ER Section, Madurai Bench of Madras High Court, Madurai.

+one cc to Mr.R.Venkatesan, Advocate in SR.No.9076 CSL/SKS-RR/25.02.2016/2p/6c Order made in Crl.O.P.(MD) No.2165 of 2016 Dated:-12.02.2016 https://hcservices.ecourts.gov.in/hcservices/