Madras High Court
Ramachandran vs The State Of Tamil Nadu on 4 October, 2024
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
Crl.O.P(MD)No.16960 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.10.2024
CORAM
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
CRL.OP(MD).No.16960 of 2024
Ramachandran ... Petitioner
Vs
The State of Tamil Nadu,
Rep. by the Inspector of Police,
Vigilance and Anti-Corruption,
Virudhunagar District.
Crime No.1 of 2008. ... Respondents
Prayer : Criminal Original Petition filed under Section 528 of BNSS, to
set aside the impugned docket order dated 27.09.2024 in
Cr.M.P.No.unnumbered of 2024 in Spl.C.C.No.50 of 2014 on the file of
the learned Chief Judicial Magistrate, Srivilliputhur and consequently,
direct the learned Chief Judicial Magistrate, Srivilliputhur to number the
application filed by the petitioner and dispose of the same within a
specified time fixed by this Court.
1/5
https://www.mhc.tn.gov.in/judis
Crl.O.P(MD)No.16960 of 2024
For Petitioner : Mr.A.Mohan
For Respondent : Mr.R.Meenakshi Sundaram
Additional Public Prosecutor
ORDER
This Criminal Original Petition is filed to set aside the impugned
order dated 27.09.2024 in Cr.M.P.No.unnumbered of 2024 in
Spl.C.C.No.50 of 2014 on the file of the learned Chief Judicial
Magistrate, Srivilliputhur and consequently, direct the learned Chief
Judicial Magistrate, Srivilliputhur, to number the application filed by the
petitioner and dispose of the same within a stipulated time.
2. The arguments are over in the said case and the matter stands
posted for delivering Judgment on 10.10.2024. At this stage, the present
petition is filed under Section 315 of the Code of Criminal Procedure
with a prayer by the first accused to examine himself as the witness and
to produce the 81 enquiry report which was conducted with reference to
the said subject matter. When the said application was filed on
27.09.2024, the trial Court had only returned the application as to how
https://www.mhc.tn.gov.in/judis
the petition is maintainable at that stage, if according to the petitioner,
the application is still maintainable, they should have made an
endorsement and represented the application and represented before the
trial Court to take up the application. Without doing so, as against the
mere return endorsement, the original petition filed before this Court is
not maintainable.
3. With such liberty preserved to the petitioner to represent the
papers before the same Court and argue the matter, this Criminal Original
Petition stands disposed of. Registry is directed to forthwith return the
originals to the learned Counsel for the petitioner, so as to enable him to
represent the same before the trial Court.
04.10.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
jbr
NOTE: Issue order copy on 04.10.2024
https://www.mhc.tn.gov.in/judis
To
1. The Inspector of Police,
Vigilance and Anti-Corruption,
Virudhunagar District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
D.BHARATHA CHAKRAVARTHY,J.
jbr
Order made in
04.10.2024
https://www.mhc.tn.gov.in/judis
