Chellasamy v. K.Mariappan

Crl.O.P.(MD)No.13649 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.13649 of 2015 and M.P.(MD)No.1 of 2015 Chellasamy ... Petitioner Vs K.Mariappan, B.A.,B.L., Judicial Magistrate No.II, Judicial Magistrate Court No.II, Sattur.

... Respondent Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records pertaining to S.T.C.No.130 of 2015, on the file of the Judicial Magistrate Court No.I, Sattur Virudhunagar District and quash the same insofar as the petitioner alone.

For Petitioner : Mr.R.Murugappan For Respondent : No appearance

O R D E R

The petitioner herein was the Jail Superintendent of the District Central Prison, Virudhunagar. A remand prisoner by name Backiyaraj when appearing before the respondent herein at the time of remand threw human excreta on the judicial officer. That was the reason for lodging the impunged private complaint not only against the remand prisoner but also against all the other police and prison officials, who were in charge of his custody. To quash the said private complaint, this criminal original petition has been filed. 2.This Court made it clear that the petitioner will have to convey his apology in person to the respondent. The learned counsel appearing for the petitioner submitted that the petitioner would meet the respondent on 06.11.2019 itself and express his unconditional apology both in person as well as in writing. 3.Recording the said undertaking, the impugned proceedings stand quashed as far as the petitioner is concerned. This Criminal Original Petition stands allowed.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.13649 of 2015 ias To:

1.The Judicial Magistrate No.I, Sattur Virudhunagar District.

2. The Judicial Magistrate No.II, Judicial Magistrate Court No.II, Sattur.

+1 CC to M/s.R.MURUGAPPAN, Advocate ( SR-96567[F] dated 07/11/2019 ) Crl.O.P.(MD)No.13649 of 2015 05.11.2019 SMA/04/02/2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2