D.Pandiaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixteenth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN CRL RC(MD). No.707 of 2023 D.PANDIARAJ ... PETITIONER VS 1 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, VIRUDHUNAGAR DISTRICT.

... RESPONDENT/RESPONDENT (*) 2 THE CHAIRMAN, BAR COUNCIL OF TAMILNADU AND PUDUCHERRY, CHENNAI.

3 THE SUPERINTENDANT OF POLICE, DISTRICT CRIME BRANCH, VIRUDHUNAGAR DISTRICT.

4 THE PRINCIPAL, GOVERNMENT LAW COLLEGE, MADURAI.

... RESPONDENTS 2 TO 4 (*)R2 TO R4 ARE SUO-MOTU IMPLEADED AS PER ORDER OF THE COURT DT 11/07/2023 IN CRL.RC(MD)707 OF 2023) (**) 5 VELLAYARAJA ... 5th RESPONDENT (**)R5 IS SUO-MOTU IMPLEAD AS PER ORDER OF THE COURT DT 08/08/2023 IN CRL.RC(MD)707 OF 2023) (***) 6 THE DEPUTY SUPERINTENDENT OF POLICE, THIRUMANGALAM, MADURAI DISTRICT.

... 6th RESPONDENT (***)R6 IS SUO-MOTU IMPLEAD AS PER ORDER OF THE COURT DT 08/01/2024 IN CRL.RC(MD)707 OF 2023) 1/4

(****)7 THE DEPUTY SUPERINTENDENT OF POLICE, SATTUR SUB- DIVISION, VIRUDHUNAGAR DISTRICT.

.... 7th RESPONDENT (****)R7 IS SUO MOTU IMPLEADED AS PER ORDER OF THE COURT DT.21.03.2024 IN CRL.RC(MD).NO.707 OF 2023) Criminal Revision Case filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to call for the records pertaining to the order passed by the Learned Judicial Magistrate No.II (FAC),Virudhunagar in STC.No.442 of 2023 dt.17.3.2023 and set aside the same as illegal.

Order : This Criminal Revision Case coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.R.PON KARTHIKEYAN, Advocate for the petitioner and of MR.R.SIVAKUMAR, Government Advocate (Crl.Side) on behalf of the Respondents No.1,3,6 & 7 and Mr.K.R.LAXMAN, Standing Counsel for the 2nd Respondent and M/s.P.KALAYARASI BHARATHI, Advocate for the 5th Respondent, the court made the following order:- This matter is listed under the caption "for clarification" and it is clarified.

2. As per the direction issued by this Court, vide order dated 21.03.2024, the Deputy Superintendent of Police, Sattur Sub Division, Virudhunagar District, after conducting enquiry has submitted a report before this Court.

3. The report reveals that there is some prima facie to register the case as against the fifth respondent. Hence, this Court directs the Inspector of Police, District Crime Branch, Virudhunagar, to register a case as against the fifth respondent and conduct an investigation and proceed the case in accordance with law on the basis of the 2/4

report submitted by the Deputy Superintendent of Police, Sattur Sub Division, Virudhunagar District.

4. Registry is directed to furnish the original certificates of the petitioner to the Inspector of Police, DCB, Virudhunagar, after getting proper acknowledgment. sd/- 16/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II (FAC), VIRUDHUNAGAR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.

3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, VIRUDHUNAGAR DISTRICT. 4 THE CHAIRMAN, BAR COUNCIL OF TAMILNADU AND PUDUCHERRY, CHENNAI. 5 THE SUPERINTENDANT OF POLICE, DISTRICT CRIME BRANCH, VIRUDHUNAGARDISTRICT. 6 THE PRINCIPAL, GOVERNMENT LAW COLLEGE, MADURAI.

7 THE DEPUTY SUPERINTENDENT OF POLICE, THIRUMANGALAM, MADURAI DISTRICT.

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8 THE DEPUTY SUPERINTENDENT OF POLICE, SATTUR SUB- DIVISION, VIRUDHUNAGAR DISTRICT.

9 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

1 THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SECTION OFFICER, CRIMINAL RECORDS, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC TO M/S.P.KALAIYARASI BHARATHI, ADVOCATE, SR-20534[F] Dated 16/04/2024 +1 CC TO M/S.R.PON KARTHIKEYAN, ADVOCATE, SR-20534[F] Dated 17/04/2024 ORDER IN Date :16/04/2024 RS/JGB/SAR-(31.05.2024) 4P 14C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4