Madras High CourtCRL OP(MD)/11479/2021dismissed

Murugan v. The Deputy Superintendent Of Police

2021-08-16Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No. 11479 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No. 11479 of 2021 Murugan ... Petitioner/A-2 Vs.

1.The Deputy Superintendant of Police, Manamadurai Sub-Division, Sivagangai District.

... R-1/Investigating Officer

2. The Inspector of Police, Manamadurai Police Station, Sivagangai District.

(Crime No.383 of 2021) ... R-2/Complainant

3. Kaleeswaran ... R3 / Defacto Complainant Prayer:Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned Sessions Judge, Special Judge of Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Sivagangai to consider and dispose of the bail application filed by the petitioner in Crime No.383 of 2021 on the file of the 2nd respondent herein on the same day of his surrender.

For Petitioner : Mr.M.Vinoth For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side)

ORDER

The petitioner is the accused No.2 in Crime No.383 of 2021 of Manamadurai Police Station, Sivagangai District, for the alleged offences under Sections 294 (b), 323, 506 (i) of IPC and Sections 3 (1)(r), 3(1)(s) of SC/ST Act.

2. The learned counsel appearing for the petitioner would submit that the petitioner and the defacto complainant are neighbours and dispute is pending between them.

3. Mr.R.M.Anbu Nithi, learned Additional Public Prosecutor appearing for the respondents 1 & 2 would submit that one previous case is pending against the petitioner in Crime No.574 of 2014 for the offences under sections 294(b), 324 & 506(2) of IPC, on the file of the respondent police.

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Crl.O.P.(MD)No. 11479 of 2021

4. Since the previous FIR is of the year 2014 the same is pending on the file of the respondent police, the petitioner is not entitled the relief sought for in the petition.

5. Hence, the Criminal Original Petition stands dismissed. Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) ksa 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 Superintendant of Police, Manamadurai Sub-Division, Sivagangai District.

2. The Inspector of Police, Manamadurai Police Station, Sivagangai District.

Copy to:

1.The Sessions Judge, Spl. Judge of Exclusive Trial of Cases, Under SC/ST (POA) Act 1989, Sivagangai 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.11479 of 2021 16.08.2021 MGJ (24/08/2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2