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High CourtsSingle Bench(2021) 11 MAD CK 0005

Sundaravel Ramesh vs Superintendent Of Police And Others

Madras High Court · Decided on 23 November 2021

HON’BLE JUDGES
G.R.Swaminathan, J
RESULT
Disposed Of
CASE NUMBER
Criminal Original Petition (MD) No. 18352 Of 2021

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Judgment

6 paragraphs · 362 words

G.R.Swaminathan, J

1.

Heard, Mr.N.Sathish Babu, learned counsel appearing for the petitioner and Ms.L.Victoria Gowry, learned Assistant Solicitor General appearing for respondents 4 and 5 and Mr.T.Senthil Kumar, Additional Public Prosecutor appearing for respondents 1 to 3 and Mr.Srinivasaraghavan, learned counsel appearing for the sixth respondent.

2.

The petitioner is facing trial in two cases before the Judicial Magistrate No.I, Pudhukottai. When t h e p e t i t i o n e r m o v e d t h i s C o u r t o n a n e a r l i e r o c c a s i o n , r e l i e f w a s g r a n t e d . The sixth respondent herein filed SLP (Crl.) No.3411 of 2020 before the Hon'ble Apex Court. The Hon'ble Apex Court vide order dated 10.03.2021 modified the order passed by this Court and SLP was disposed of with a direction to the trial Court to conclude the trial within a period of four months. The petitioner herein was directed to not to leave the country until the conclusion of the trial. In case, the trial is not concluded within the stipulated period, the petitioner was given liberty to approach the trial Court for reconsideration of the prayer to leave the country. Hence, as rightly submitted by the learned Additional Public Prosecutor and the learned counsel appearing for the sixth respondent, this criminal original petition is not maintainable.

3.

The petitioner is given liberty to move the trial Court with the same relief now sought for before this Court. The petitioner undertakes to file necessary petition on 25.11.2021. The sixth respondent shall also appear before the trial Court either in person or through counsel on 25.11.2021. Thereupon, the learned trial Judge shall dispose of the application on merits and in accordance with law within a period of one week, thereafter.

4.

The learned Assistant Solicitor General appearing for the Passport authority states that they will abide by the outcome of the proceedings before the learned trial Magistrate.

5.

This criminal original petition is disposed of with the aforesaid directions.