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Madras High CourtCRL MP(MD)/12293/2022ordered

Ayyappan v. The Deputy Superintendent Of Police

2022-10-14Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice N. Anand Venkatesh2 pages

CRL MP(MD) No.12293 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourteenth day of October Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice J.NISHA BANU and The Hon`ble Mr.Justice N.ANAND VENKATESH CRL MP(MD) No.12293 of 2022 IN CRL.A.(MD)No.553 of 2022 1 AYYAPPAN 2 ANNAMALAI 3 CHANDRABOSS ... APPELLANTS / ACCUSED Nos.3 to 5 Vs 1 THE STATE REP.BY, THE DEPUTY SUPERINTENDENT OF POLICE, PATTUKOTTAI SUB DIVISION, PERAVOORANI POLICE STATION, THANJAVUR DISTRICT.

(CRIME NO.229/2017).

... RESPONDENT/COMPLAINANT (*)2 CHINNAIAH ... PROPOSED 2nd RESPONDENT/DEFACTO COMPLAINANT (*)(R2 IS IMPLEADED AS PER ORDER OF THE COURT DATED 14/10/2022 IN CRL MP(MD) 12293/2022 IN CRL A(MD)553/2022) Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to implead the proposed 2nd Respondent herein as 2nd Respondent in above Crl.M.P.(MD).No.10771/2022 and Crl.A.No.553/2022. Prayer in CRL.A(MD).No.553 of 2022:

To call for the records relating to the judgment dated 26.07.2022 made in S.S.C.No.68 of 2018 on the file of I Additional District and Sessions Judge (PCR) Thanjavur and set aside the conviction and sentence imposed against the appellants / accused and allow above appeal by acquitting the accused. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.J.SULTHAN BASHA, Advocate for M/S.AJMAL ASSOCIATES https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.12293 of 2022 for the petitioner and of MR.A.THIRUVADI KUMAR, Additional Public Prosecutor on behalf of the 1st Respondent, the court made the following order:- Being Satisfied with the reasons stated in the affidavit filed in support of the petition, this petition in Crl.MP(MD)No.12293 of 2022 is allowed, Registry is directed to Carry out necessary amendment.

Notice to the second respondents, returnable by 04.11.2022. Private notice is also permitted.

The learned Additional Public Prosecutor shall instruct the respondent police to inform the defacto complainant to engage a counsel and appear before this court on the date of hearing. Post the matter for hearing on 04.11.2022.

sd/- 14/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE (PCR), THANJAVUR.

2 THE DEPUTY SUPERINTENDENT OF POLICE, PATTUKOTTAI SUB DIVISION, PERAVOORANI POLICE STATION, THANJAVUR DISTRICT.

3 MR.A.THIRUVADI KUMAR THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL MP(MD) No.12293 of 2022 IN CRL.A.(MD)No.553 of 2022 Date :14/10/2022 MK/SSS/SAR.I/20.10.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2