Madras High CourtCRL OP(MD)/18158/2025disposed of

A.Sivagananadhan v. The State Of Tamil Nadu,

2025-10-25Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 25/10/2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN A.Sivagananadhan ... Petitioner Vs

1. The State of Tamil Nadu, Rep. by its Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The State of Tamil Nadu, Rep. by its the Inspector of Police, District Crime Branch, Virudhunagar District.

... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the learned Judicial Magistrate No.I, Virudhunagar take the case on file in C.C.No.9/2020 pertaining to FIR in Crime No.5/2012 on file of second respondent and consequently direct the Judicial Magistrate I, Virudhunagar to receive the petitioner undertaking affidavit and pass order within a time stipulated by this Court. For Petitioner : Mr.N.Ganesh Advocate.

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For Respondents : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor

ORDER

The petitioner seeks a direction to the learned Judicial Magistrate No.I, Virudhunagar, to take up the case on file in C.C.No.9 of 2020 and consequently, to direct the learned Judicial Magistrate No.I, Virudhunagar, to receive the petitioner's undertaking affidavit and pass suitable orders within a time stipulated by this Court. 2.When the Passport Officer had refused to issue the pass port, the petitioner filed a writ petition in W.P(MD)No.8254 of 2025, seeking a direction to the passport authority to consider the petitioner's request for passport. This Court had observed that the petitioner may be entitled to approach the trial Court for the relief sought for in the writ petition and further directed the trial Court to dispose of the said application within a period of three weeks.

3.The learned counsel for the petitioner would submit that pursuant to the transfer, the transferee Court, namely, learned Judicial Magistrate 2/4

No.I, Virudhunagar, had not taken up the case stating that the records could not be traced and that the petitioner was unable to comply with the order of this Court in W.P(MD) No.8254 of 2025. 4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the records have been traced and the learned Magistrate has re-numbered the case as C.C.No.267 of 2025. 5.In view of the same, the learned Judicial Magistrate No.I, Virudhunagar, may accept the application of the petitioner and pass appropriate orders in accordance with law within a reasonable time. 6.With the above observation, this Criminal Original Petition is disposed of.

25.10.2025 Index :Yes/No Internet :Yes/No NCC :Yes/No cp 3/4

SUNDER MOHAN,J CP To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, District Crime Branch, Virudhunagar District.

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

ORDER

IN CRL OP(MD) No.18158 of 2025 Date : 25/10/2025 4/4