Madras High CourtCRL MP(MD)/7087/2024disposed of

R.Purushothaman v. The Superintendent Of Police

2024-08-20Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Twentieth day of August Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.ILANGOVAN in Crl.R.C(MD)No.795 of 2022 R.Purushothaman ... Petitioner/Appellant/Accused Vs 1 The Superintendent of Police SPE, Deputy Vigilance and Anti Corruption Wing, Madurai (Crime No.5/2012) ... Respondent/Respondent/Complainant Prayer in CRL MP(MD)No.7087 of 2024:- Criminal Misellaneous Petition (Under Section 528 of BNSS) u/s 482 of Cr.Pc, to modify the condition imposed in Crl.RC(MD)No.795/2022 dt 26.09.2022 by permitting the petitioner to withdraw the undertaking affidavit given before the Trial Court in Cr.MP.No.239/2022 dt 09.06.2022 on the file of the Special Court for Trial of PC Act Cases (FAC), Madurai as mentioned in para No.5 of the order passed in Crl.R.C.(MD)No.795 of 2022.

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Prayer in CRL RC(MD). 795 of 2022 :

This Criminal Revision has been filed under Section 397 and 401 of Criminal Procedure Code, to call for the records and to allow this Criminal Revision Petition and set aside the order in Crl.MP.No.239 of 2022 dt.9.6.2022 of the Special Court for trial of PC Act Cases(FAC),Madurai District.

ORDER:- This Criminal Misellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru./Ms. T.Manickavasagan, Advocate for the Petitioner and of Thiru./Ms. R.Meenakshi Sundaram Additional Public Prosecotor, for the respondent(s), this Court made the following order: "This petition has been filed to modify the condition imposed in Crl.R.C(MD). No.795 of 2022 dated 26.09.2022 by permitting the petitioner to withdraw the undertaking affidavit given before the Trial Court in Cr.M.P.No.239 of 2022 dated 09.06.2022 on the file of the learned Special Court for Trial of P.C. Act Cases (FAC), Madurai as mentioned in Para No.5 of the order passed in Crl.R.C(MD).No.795 of 2022.

2. When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent police submitted that the recommendation has been made by the Government to drop the action against the main accused, 2/4

namely, Mathivanan, Rajaram, Periasamy and Ganesh.

3. In view of the above said development, the modification is not required. Accordingly, this Criminal Miscellaneous Petition is disposed of as unnecessary. Sd/- Assistant Registrar (CO) // True Copy // /09/2024 Sub Assistant Registrar (CS - I, II, III, IV) tta TO 1.The Special Court for trial of PC Act Cases (FAC), Madurai District.

2. The Superintendent of Police, SPE, Deputy Vigilance and Anti-Corruption Wing, Madurai.

(In Crime No. 5/ 2012).

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

Copy to:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai 3/4

+1CC to M/s.R.ARAVINDAN, Advocate (SR-44976[I], dated 21/08/2024) ORDER DATED : 20/08/2024 ==========================

ORDER

========================== in Crl.R.C(MD)No.795 of 2022 Giving direction and etc.

as stated within.

SL(20.09.2024)/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4