N.P.Immanuel v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2018
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD)No.11628 of 2018 N.P.Immanuel ... Petitioner Vs.
The Inspector of Police, Palani Town Police Station, Dindigul, (Crime No.733 of 1999) ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, praying to direct the respondent herein to permit the petitioner travel to abroad (Qatar) to visit his daughter and her family pending disposal of the above Criminal Case in C.C.No.360 of 2003 on the file of the Learned Judicial Magistrate, Palani in Crime No.733 of 1999 on the file of the respondent police. For Petitioner : Mr.J.Lawrance, For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)
ORDER
This petition has been filed praying to direct respondent herein to permit the petitioner travel to abroad (Qatar) to visit his daughter and her family pending disposal of the above Criminal Case in C.C.No.360 of 2003 on the file of the Learned Judicial Magistrate, Palani in Crime No.733 of 1999 on the file of the respondent police.
2. After arguing for some time, the learned counsel appearing for the petitioner restricted the relief of the petitioner to the extent that it is suffice to grant direction to the learned Judicial Magistrate, Palani to consider the application of the petitioner in accordance with law. The learned counsel for the petitioner also relying upon the decision of this Court in W.P.(MD). No.19375 of 2014, dated 06.03.2015.
3. The learned Government Advocate (Crl.side) appearing for the respondent would submit that if the petitioner has approached the learned Judicial Magistrate, Palani to seek his remedy and file an application, if it is permissible under Law.
4. In the light of the submissions made by both the parties, this Court, liberty is granted to the petitioner to file an application before the learned Judicial Magistrate, Palani, if so https://hcservices.ecourts.gov.in/hcservices/
advised, in C.C.No.360 of 2003. In the event of such application has been received, the learned Judicial Magistrate, Palani shall consider the same on merits and in accordance with law, after providing opportunity to the parties concerned, as expeditiously as possible.
5. This Criminal Original Petition is disposed of with the above direction.
Sd/- Assistant Registrar(T & P) /True Copy/ Sub Assistant Registrar(CS-III) To
1. The Inspector of Police, Palani Town Police Station, Dindigul.
2. The Judicial Magistrate, Palani.
+1 CC to Mr.J.LAWRANCE, Advocate in SR.No.72334 AM RJ/RP/SAR-3/31/07/2018 - 2P/4C Crl.O.P(MD)No.11628 of 2018 11.07.2018 https://hcservices.ecourts.gov.in/hcservices/