Madras High CourtCRL OP(MD)/10764/2021disposed of

Devendran@Deivam v. The Deputy Superintendent Of Police

2021-08-17Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.10764 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17/08/2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.10764 of 2021 and Crl.M.P(MD)Nos.5486 and 5485 of 2021 1.Devendran @ Deivam 2.Manoj Kumar @ Manasu 3.Priyan Bala 4.Jayameena @ Meena ... Petitioners/A1 to A4 Vs.

1.The Deputy Superintendent of Police, Periyakulam, Theni District.

...1st Respondent/Respondent 2.The Inspector of Police, Devadanapatti Police Station, Theni District.

...2nd Respondent/Complainant 3.Paramasivam ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records in relating to the impugned proceedings in Spl.S.C.No.206 of 2020 on the file of the Sessions Court, Special Court for trial of cases under SC/ST (POA) Act, Theni District and to quash the same.

For Petitioners : Mr.M.S.Jeyakarthick For R-1 & R2 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

This petition has been filed to quash Spl.S.C.No.206 of 2020 on the file of the Sessions Court, Special Court for trial of cases under SC/ST (POA) Act, Theni District and to quash the same.

2. The learned counsel for the petitioner would submit that he restricted his claim only to dispense with the personal appearance of the petitioners 3 and 4 herein. In respect of the third petitioner identity card issued by the Vivekananda College, Madurai has been produced and as far as the fourth petitioner is concerned, no valid ground is made except saying that she is a female. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.10764 of 2021

3. Whatever it may be, personal appearance of the 3rd petitioner alone is dispensed with on the following condition: The third petitioner shall appear before the trial court within a period of 15 days from the date of receipt of a copy of this order and he shall file an undertaking affidavit to the effect that he will appear before the trial court as and when required and attested photo must also be attached.

As far as other petitioners are concerned, they shall appear before the trial court.

5. With these directions, this petition is disposed of. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) CM Note : 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 Deputy Superintendent of Police, Periyakulam, Theni District.

2.The Inspector of Police, Devadanapatti Police Station, Theni District.

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

Copy to:- The Sessions Judge, Special Court for trial of cases under SC/ST (POA) Act, Theni District Crl.O.P.(MD)No.10764 of 2021 and Crl.M.P(MD)Nos.5486 and 5485 of 2021 17.08.2021 RD(27.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2