Shanmuganathan v. The Assistant Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2025

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI Shanmuganathan ... Petitioner versus

1. The Assistant Commissioner of Police, O/o.The Assistant Commissioner of Police, Junction Range, Tirunelveli District.

2. State of Tamil Nadu, Through the Inspector of Police, C.C.B. Police Station, Tirunelveli District.

3. Perumbadaiyar ... Respondents Prayer : Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the learned II Additional District and Sessions Judge, Special Court for PCR Act cases, Tirunelveli, to dispose of Crl.M.P.No.108 of 2025 in S.C.No.105 of 2022 within a specific period. For Petitioner : Mr.KA.Raamakrishnan 1/4

For R1 and R2 : Mr.P.Kottaichamy, Government Advocate (Crl. side)

ORDER

The petitioner is an accused in S.C.No.105 of 2022 for the offences under Sections 465, 467, 468, 420 and 471 IPC and Sections 3(1)(g) of SC/ST (POA) Act. He has filed a petition before this Court in Crl.O.P.(MD)No.17047 of 2022 seeking to quash the proceedings in S.C.No.105 of 2022 pending against him. This Court, by its order dated 23.12.2022, dismissed the said petition with an exemplary cost of Rs.10 lakhs. When he moved a bail petition before the learned II Additional District and Sessions Judge, Special Court for PCR Act Cases, Tirunelveli, he was directed to comply with the condition imposed in Crl.O.P.(MD)No.17047 of 2022. Pursuant to the same, he has deposited the said amount. Challenging the order of this Court dated 23.12.2022, the petitioner has moved an appeal before the Hon'ble Supreme Court in SLP Appeal (Crl.) No.433 of 2024. The Hon'ble Supreme Court, by its order dated 23.12.2022, set aside the cost imposed by this Court in Crl.O.P.(MD)No.17047 of 2022. Therefore, the petitioner has filed a petition in Crl.M.P.No.108 of 2025 in S.C.No.105 2/4

of 2022 before the learned II Additional District and Sessions Judge, Special Court for PCR Act cases, Tirunelveli, seeking permission of the Court to withdraw the amount of Rs.10 lakhs. However, the said petition is pending from 27.02.2025 without any progress.

2. This Court is unable to understand the reasons for keeping a miscellaneous petition pending for more than four months.

3. Therefore, this Criminal Original Petition is disposed of with a direction to the learned II Additional District and Sessions Judge, Special Court for PCR Act cases, Tirunelveli, to conclude the proceedings in Crl.M.P.No.108 of 2025 in S.C.No.105 of 2022, within a period of four weeks from the date of receipt of a copy of this order. 27.06.2025 Index : Yes / No.

Internet : Yes / No.

NCC : Yes / No.

ogy 3/4

B.PUGALENDHI, J.

ogy To

1. The Assistant Commissioner of Police, O/o.The Assistant Commissioner of Police, Junction Range, Tirunelveli District.

2. The Inspector of Police, C.C.B. Police Station, Tirunelveli District.

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

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