Azmal Khan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.19430 of 2023 Azmal Khan

...Petitioner / Accused No.1

Vs.

1.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Madurai District.

...1st Respondent / 1st Respondent 2.The Inspector of Police, Alanganallur Police Station, Madurai City.

(In Crime No.381 of 2023) ...2nd Respondent / Complainant 3.Chandrasekaran ...3rd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue a Direction to direct the learned III Additional District Judge for PCR Court Madurai to accept the surrender and consider the bail application of the petitioner on the same day of his surrender in Crime No.381 of 2023, Alanganallur Station, Madurai District.

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For Petitioner :Mr.S.Ramsundarvijayraj For Respondent :Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) O RDER The Criminal original Petition has been filed seeking direction to the learned III Additional District Judge for PCR Court Madurai to accept the surrender and consider the bail application of the petitioner on the same day of his surrender in Crime No.381 of 2023, Alanganallur Station, Madurai District. 2.Earlier the petitioner has filed a petition seeking same relief and this Court passed an order in Crl.O.P.(MD).No.17994 of 2023, dated 10.10.2023, in favour of the petitioner. It is submitted that while filing the earlier petition the name of the Court was wrongly mentioned by the petitioner as 'Judicial Magistrate Court, Vadipatti' instead of 'III Additional District Judge, for PCR Court, Madurai' and the same was reflected in the order copy also. Therefore, he is unable to execute the above said order. Hence, this second petition has been filed by mentioning the correct Court name.

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3.Since earlier order has been passed favourably, second petition is not maintainable. The petitioner has to file necessary amendment petition in this regard.

4.With the above said liberty, this criminal original petition stands dismissed.

01.11.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No TM To 1.The III Additional District Judge, for PCR Court, Madurai. 2.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Madurai District.

3.The Inspector of Police, Alanganallur Police Station, Madurai City.

(In Crime No.381 of 2023) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

TM Crl.O.P.(MD)No.19430 of 2023 01.11.2023 4/4