Madras High CourtCRL MP(MD)/9920/2022allowed

P.Gopi @ Gopinath v. Pandiselvi

2022-08-24Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (CRIMINAL ORIGINAL JURISDICTION) Wednesday, the Twenty Fourth day of August, Two Thousand and Twenty Two PRESENT The Hon'ble Mr.Justice V. SIVAGNANAM IN CRL.OP(MD) No.10078 of 2022 P.Gopi @ Gopinath ... Petitioner/3rd Party/Sole Accused Vs.

1. Pandiselvi ... 1s Respondent/Petitioner/ Defacto Complainant

2. The Superintendent of Police, O/o.The Superintendent of Police, Madurai District.

3. The Deputy Superintendent Of Police, O/o.The Deputy Superintendent of Police, Melur Sub Division, Madurai District.

4. The Inspector of Police, O/o.The Inspector of Police, Keelavalavu Police Station, Madurai District.

(In Crime No.114/2022) ... Respondents 2 to 4/Respondents Prayer :- Criminal Miscellaneous Petition filed under Section 482 of Code of Criminal Procedure, praying this Honourable Court to recall the order made in Crl.OP(MD)No.10078/2022 dt.9/6/2022. Prayer in Crl.OP(MD) No.10078/2022:

Criminal Original Petition filed under Section 482 of Code of Criminal Procedure, praying this Honourable Court to direct the first respondent to withdraw the case in Crime No.114 of 2022 from the third respondent and transfer the case in Crime No.114 of 2022 on the file of the third respondent to the second respondent. 1/3

ORDER:- This Criminal Miscellaneous Petition coming upon for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.P.P.Alwin Balan, Advocate for the Petitioner and of Mr.S.Nihar Ali, Advocate for the first Respondent and of Mr.A.Albert James, Government Advocate (Crl. Side) appearing on behalf of the respondents 2 to 4, this Court made the following order:

This Court by order dated 09.06.2022 made in Crl.O.P(MD) No.10078 of 2022 directed the Inspector of Police, the third respondent herein to complete the investigation immediately and arrest the accused and take further action and also directed the Superintendent of Police, the first respondent herein to consider the representation given by the petitioner on 27.05.2022. 2.Now, the miscellaneous petition in Crl.M.P.(MD)No.9920 of 2022 is filed to recall the order made in Crl.O.P(MD)No.10078 of 2022 dated 09.06.2022.

3. Heard the learned counsel appearing on either side and perused the materials available on records.

4. Considering the submission of both sides, the order with regard to arrest of the accused is hereby recalled and in respect of remaining aspects, the order dated 09.06.2022 made in Crl.O.P(MD) No.10078 of 2022 is confimed.

Sd/- Assistant Registrar // True Copy // 24/08/2022 Sub Assistant Registrar(CS) TO

1. The Superintendent of Police, O/o.The Superintendent of Police, Madurai District.

2. The Deputy Superintendent Of Police, O/o.The Deputy Superintendent of Police, Melur Sub Division, Madurai District.

3. The Inspector of Police, O/o.The Inspector of Police, Keelavalavu Police Station, Madurai District.

2/3

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

+1 CC to Mr.P.ALWIN BALAN , Advocate SR.No. 8955 ORDER DATED : 24/08/2022 ==========================

ORDER

========================== IN CRL.OP(MD) No.10078 of 2022 DKS(CO) TR(24.08.2022) 3P 6C 3/3