S.Suresh vs The Superintendent Of Police
2023 Latest Caselaw 12938 Mad

                                                                                    W.P.No.25988 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 21.09.2023

                                                          CORAM :

                                  THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                                  W.P.No.25988 of 2023
                                               and W.M.P.No.25407 of 2023

                    S.Suresh                                        .. Petitioner

                                                           Versus

                    1.The Superintendent of Police,
                      Thiruchengodu Road,
                      Namakkal District - 637 003.

                    2.The Inspector of Police,
                      All Women Police Station,
                      Thiruchengodu,
                      Namakkal District - 637 211.                  ..Respondents

                    Prayer : Writ Petition filed under Article 226 of the Constitution of India
                    praying to issue a Writ of Mandamus to suspend the Lookout Circular made
                    in RC number D1/29/DCRB/2019 dated 14.09.2019 passed by the first
                    respondent i.e., The Superintendent of Police, Thiruchengodu Road,
                    Namakkal District - 637 003.


                                     For Petitioner      : Mr.N.Devarajan

                                     For Respondents : Mr.A.Damodaran
                                            Additional Public Prosecutor

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

                    1/6
                                                                                      W.P.No.25988 of 2023




                                                          ORDER

This petition has been filed challenging the lookout circular issued by

the first respondent and to suspend the same in order to enable the petitioner

to travel abroad.

2. When the matter was taken up for hearing on 05.09.2023, this

Court directed the learned Additional Public Prosecutor to take instructions

and accordingly, this case was listed for hearing today.

3. When the matter is taken up for hearing today, the learned

Additional Public Prosecutor submitted that the petitioner was convicted by

the learned Judicial Magistrate, Kumarapalayam in C.C.No.536 of 2020 and

aggrieved by the same, the petitioner filed an appeal before the Additional

District Court, Thiruchengodu in C.A.No.106 of 2022. This appeal is

posted for final hearing tomorrow.

4. In the light of the above submission, it will be more appropriate if a

time limit is fixed by this Court for the disposal of the Criminal Appeal by

the Court below. On the disposal of the Criminal Appeal, the petitioner will https://www.mhc.tn.gov.in/judis

W.P.No.25988 of 2023

be able to get more clarity as to where he stands. That apart, the petitioner

must also be present on the date of the judgment to be passed in the

Criminal Appeal.

5. In view of the above, there shall be a direction to the learned

Additional District Judge, Thiruchengodu to dispose of Crl.A.No.106 of

2022 within a period of four weeks from the date of receipt of a copy of this

order. It is made clear that the final arguments will be completed on the

side of the accused person as well as on the side of the prosecution at the

earliest to enable the Court below to pass final judgment in the Criminal

Appeal within the time stipulated by this Court. After the Criminal Appeal

is disposed off, depending upon the result in the Criminal Appeal, the

petitioner can work out his remedy in accordance with law.

6. This Writ Petition is disposed off in the above terms. No costs.

Consequently, connected miscellaneous petition is closed.

                                                                                      21.09.2023


                    Index          : yes/no

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

W.P.No.25988 of 2023

Speaking order/Non-speaking order Neutral Citation : yes/no rjr/grs

To

1. The Additional District Judge, Thiruchengodu.

2. The Superintendent of Police, Thiruchengodu Road, Namakkal District - 637 003.

3. The Inspector of Police, All Women Police Station, Thiruchengodu, Namakkal District - 637 211.

4. The Public Prosecutor, High Court of Madras.

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

W.P.No.25988 of 2023

N.ANAND VENKATESH, J.

grs

W.P.No.25988 of 2023 and W.M.P.No.25407 of 2023

21.09.2023

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

W.P.No.25988 of 2023

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