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Madras High CourtCRL OP(MD)/8374/2021disposed of

Parimaladoss @ Doss v. The Inspector Of Police

2021-07-12Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :12.07.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Parimaladoss @ Doss S/o.Santhanadoss ... Petitioner/Accused No.5 Vs.

The Inspector of Police, NIB-CID, Sivagangai,Sivagangai District.

[In crime No.12 of 2020] ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records of the returned order dated 02.06.2021 returning the copy application in C.C.No.2 of 2021 on the file of the learned Additional District and Sessions Judge/ Presiding Officer, Special Court for E.C and NDPS Act Cases, Pudukottai and set aside the same and direct the Court concerned to furnish the certified copy of the 'B' Diary extract in C.C.No.2 of 2021 to the petitioner within a stipulated time frame that may be fixed by this Court.

For petitioner : Mr.J.Selvam For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to call for the records of the returned order dated 02.06.2021 returning the copy application in C.C.No.2 of 2021 on the file of the learned Additional District and Sessions Judge/ Presiding Officer, Special Court for E.C and NDPS Act Cases, Pudukottai and set aside the same and direct the Court concerned to furnish the certified copy of the 'B' Diary extract in C.C.No.2 of 2021 to the petitioner within a stipulated time frame that may be fixed by this Court. 2.When the matter was taken up for hearing on 26.06.2021, the learned counsel for the petitioner submitted that the petitioner has filed a copy application in C.C.No.2 of 2021 seeking the certified copy of the 'B' Diary extract, but the same was returned with an endorsement as "the certified copy of the 'B' Diary extract cannot be furnished and proceedings were not uploaded. Therefore, this Court called for the report from the lower Court.

3. Now the learned Additional District Judge,/Presideing Officer, Special Court for EC & NDPS Act Cases, Pudukkottai has addressed a letter dated 07.07.2021, wherein it is stated that the proceedings in C.C.No.2 of 2021 on the file of the learned Additional District and Sessions Judge/ Presiding Officer, Special 1/3

Court for E.C and NDPS Act Cases, Pudukottai has been uploaded regularly and the details of the proceedings in C.C.No.2 of 2021 were also enclosed. However, the learned Judge stated that the copy of the application submitted by the petitioner was returned inadvertently, if the same is re-presented, the trial judge is ready to comply the same.

4. Considering the submission made by the learned Additional District and Sessions Judge/ Presiding Officer, Special Court for E.C and NDPS Act Cases, Pudukottai, there shall be a direction to the petitioner to re-present the copy of the application within a period of 15 days from the date of receipt of a copy of this order. Based on the copy application submitted by the petitioner, the learned Additional District and Sessions Judge/ Presiding Officer, Special Court for E.C and NDPS Act Cases, Pudukottai shall consider the same as per rules and grant.

With the above directions, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) tta Note:(i) In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Additional District and sessions judge/presiding officer, special court for E.C. And NDPS Act cases, pudukkottai. 2.The Inspector of Police, NIB-CID, Sivagangai,Sivagangai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High court.

Madurai.

+1 CC to M/s.J.SELVAM, Advocate ( SR-22225[F] dated 13/07/2021 ) Crl.O.P(MD)No.8374 of 2021 12.07.2021 RD(19.07.2021) 2P 5C 2/3

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