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Madras High CourtCRL MP(MD)/13952/2022allowed

Subramani v. The Inspector Of Police

2022-11-16Honourable Mr Justice G.Ilangovan2 pages

CRL MP(MD) No.13952 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of November Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.13952 of 2022 IN CRL RC(MD) No.44 of 2020 SUBRAMANIAN ... PETITIONER/PETITIONER Vs THE STATE REP. BY, THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUVAIYARU, THANJAVUR DISTRICT.

... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to amend the name of the Petitioner as Subramanian instead of Subramani in cause title and wherever it appears in the Criminal revision petition, criminal miscellaneous petition and order in Crl MP (MD) No.377 and 378/2020 in Crl RC(MD) No.44/2020. PRAYER IN CRL RC(MD) No.44 of 2020 :

Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to call for the records pertaining to the order passed in Crl.A.No.61 of 2016 dated 30.05.2019 on the file of the I Additional District & Sessions Judge, Thanjavur modify the judgment of conviction passed in C.C.No.53 of 2009 dated 02.11.2016 on the file of the Judicial Magistrate, Thiruvaiyaru and set aside the same. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.ARUN PRASAD A, Advocate for the petitioner and of MR.SS.MADHAVAN, Government Advocate (Crl.Side) on behalf of the Respondent, the court made the following order:- A mistake has been committed by the petitioner while preferring the revision petition by mentioning his name as Subramani, whereas, his correct name is Subramanian.

https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.13952 of 2022 2.The order has been passed by this Court on 04.02.2022. The petitioner ought to have approached this Court at the earliest point of time by pointing out the above said mistake. Even though he surrendered before the concerned Court, he has not taken any steps to amend the same by way of filing any application. When report has been called for from the concerned Court as to the execution of sureties and the trial court issued the warrant to secure the petitioner, this petition came to be filed seeking amendment. Even though there is a delay, as I mentioned earlier, the petitioner ought to have vigilant. Whatever it may be, this petition is allowed. For compliance of the suspension order 15 days time is granted.

3.The counsel for the petitioner shall argue the matter on merits.

4.Registry is directed to carry out necessary amendments in this matter and list the matter for arguments on 25.11.2022. sd/- 16/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE I ADDITIONAL DISTRICT & SESSIONS JUDGE, THANJAVUR.

2. THE JUDICIAL MAGISTRATE, THIRUVAIYARU.

3. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

4. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUVAIYARU, THANJAVUR DISTRICT.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL MP(MD) No.13952 of 2022 IN CRL RC(MD) No.44 of 2020 :

Date :16/11/2022 tm USK/VR/SAR-I/23.11.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2