Madras High CourtCRL OP(MD)/20418/2018disposed of

Sheik Sulaiman Frauq v. The Deputy Superintendent Of

2018-11-15Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2018

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No. 20418 of 2018 Sheik Sulaiman Faruq @ Faruq .. Petitioner Vs.

1. The Deputy Superintendent of Police, Tenkasi Sub Division, Tenkasi, Tirunelveli District.

2. The Inspector of Police, Tenkasi Police Station, Tenkasi, Tirunelveli District.

(Crime No.545 of 2018)

3. Reji Kumar .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the learned II Additional District and Sessions Judge (Special Judge for PCR Cases), Tirunelveli, to consider and dispose which will be filed by the petition under Section 439 of Cr.P.C., on the same day of the petitioner surrender before the learned II Additional District and Sessions Judge (Special Judge for PCR Cases), Tirunelveli, in Crime No.545 of 2018 on the file of the first respondent police.

For Petitioner : Mr.M.Mariappan For Respondents-1 & 2 : Mr.A.Robinson, Government Advocate (Criminal Side).

O R D E R

In view of the amendments made in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, this Court is of the view that the usual directions that were issued by this court cannot be issued routinely in all cases. Therefore, the petitioner is directed to surrender before the trial Court within a period of two weeks from the date of receipt of a copy of this order and on such surrender, the learned II Additional District and Sessions Judge (Special Judge for PCR Cases), Tirunelveli, shall deal and dispose the matter on the same day on merits and in accordance with law.

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2. In due compliance of Act, 15-A of the SC/ST Act, the petitioner shall serve advance notice of surrender and bail two clear days before the intended date of surrender enclosing additional copies on the Special Public Prosecutor of the concerned Court and the Special Public Prosecutor shall intimate it to the defacto complainant through the respondent police.

3. This criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar (CS-IV) To

1. The Deputy Superintendent of Police, Tenkasi Sub Division, Tenkasi, Tirunelveli District.

2. The Inspector of Police, Tenkasi Police Station, Tenkasi, Tirunelveli District.

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

+ 1 CC TO Mr.M.MARIAPPAN, ADVOCATE IN SR No. 95453 KSA TE/SV/SAR-4 : 30/11/2018 : 2P/5C Crl.O.P.(MD).No. 20418 of 2018 15.11.2018 https://hcservices.ecourts.gov.in/hcservices/