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Madras High CourtCRL MP(MD)/15066/2022dismissed

Basheer Ahamadkhan v. The Inspector Of Police

2024-06-03Honourable Mr Justice A.D.Jagadish Chandira,Honourable Mr.Justice K.Rajasekar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Third day of June Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA and The Hon`ble Mr.Justice K. RAJASEKAR in CRL A(MD) No.830 of 2022 BASHEER AHAMADKHAN ... Petitioner / Appellant Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MADURAI TOWN.

(CRIME NO.4/2021).

... Respondent / Complainant Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the sentence imposed against the petitioner in Spl.SC.No.69/2021 dt.25/10/2021 on the file of the Principal Special Court for Exclusive Trial of Cases under POCSO Act, Madurai and enlarge him on bail pending disposal of above criminal appeal.

Prayer in CRL A(MD) No.830 of 2022:

To call for the records relating to the judgment in Spl.S.C.No.69 of 2021 dated 25.10.2021 on the file of the Principal special Court for Exclusive Trial of Cases under POCSO Act, Madurai and set aside the same and allow this Criminal appeal. 1/3

Order : This criminal miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.MAHESWARAN.R, Advocate for the petitioner and of Mr.RMS.SETHURAMAN, Additional Public Prosecutor on behalf of the Respondent, the Court made the following order:- [Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The petition for suspension of sentence is pending from the year 2022. The learned counsel for the petitioner seeks time. Since the main appeal itself is ready for final hearing, considering suspension of sentence is not required at this stage and it would be appropriate to list the main appeal for final hearing. Hence, the Criminal Miscellaneous Petition is dismissed.

2. Registry is directed to list the main appeal for final hearing in the usual course.

sd/- 03/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LM To 1.The Sessions Judge, Principal Special Court for Exclusive Trial of cases under POCSO Act, Madurai. 2/3

2.The Inspector of Police, All Women Police Station, Madurai Town.

3.The Superintendent, Central Prison, Madurai.

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

ORDER

IN in CRL A(MD) No.830 of 2022 Date :03/06/2024 ED/ JGB /SAR- (11/06/2024) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3