Madras High CourtCRL A(MD)/873/2025withdrawn dismissed

K. Abdul Hameed v. Siriya Gupta

2025-09-12Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.09.2025

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR CRL.A(MD).No.873 of 2025 K.Abdul Hameed .. Appellant/Petitioner/Accused No.1 Vs.

1.Siriya Gupta Assistant Superintendent of Police, Uthamapalayam, Theni District.

2.Saravanan, Inspector of Police, North Police Station, Cumum, Theni District.

3.Vijay Anand, Sub Inspector of Police, North Police Station, Cumbum, Theni District.

.. Respondents 1 to 3/ Respondents 1 to 3/ Complainant

4. Suruli Andavar .. Respondent No.4/Respondent No.4/ Defact complainant PRAYER: Criminal Appeal filed under Section 14A of SC/ST Act, against the order dated 24.06.2025, passed in Cr.M.P.No.636 of 2024, in Spl.S.C.No.43 of 2022, by the learned Special Court for the trial of cases under SC/ST (POA) Act, Theni.

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For Appellant : Mr.K.K.Samy

JUDGMENT

The Criminal Appeal is directed against the order passed in Crl.M.P.No. 636 of 2024, in Spl.S.C.NO.43 of 2022, dated 24.06.2025, on the file of the Special Court for tral of cases under SC/ST (POA) Act, Theni.

2. The appellant/first accused in the above case has filed an application in Crl.M.P.No.636 of 2024 for removal of offence under Section 3(2)(va) of SC/ST (POA) Act and also directing the defacto complainant to return the compensation of Rs.2,00,000/- by him and also to take action against him for the alleged offences under Sections 406, 409, 420 and 109 I.P.C. The learned trial Judge, after enquiry, has passed the impugned order, dismissed the petition.

3. When the matter is taken up for hearing, the learned Counsel appearing for the appellant would submit that they may be permitted to withdraw the appeal and a direction may be given to the trial Court to complete the trial within stipulated period as fixed by this Court and he has also made an endorsement to that effect.

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4. In view of the submission and the endorsement made by the learned Counsel for the appellant, the Criminal Appeal is dismissed as withdrawn. Section 14(3) of the SC/ST (POA) Act contemplates that in every trial before the Special Court, the proceedings shall be continued from day-to-day until all the witnesses in the attendance have been examined and the trial is to be completed within a period of two months from the date of filing of the charge sheet. Hence, the learned trial Judge is directed to complete the trial within the time stipulated in the Statute.

12.09.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No SSL To

1. The Special Court for the trial of cases under SC/ST (POA) Act, Theni. 2.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR, J.

SSL CRL.A(MD).No.873 of 2025 12.09.2025 4/4