Petition challenged an order permitting the respondent to travel abroad. Court dismissed the petition without examining merits due to time lapse and existing stay order, leaving the main petition open.
Criminal Original Petition disposed of; connected Criminal Misc. Petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.(MD).No.16220 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.09.2019
CORAM: THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
Crl.O.P.(MD).No.16220 of 2017 and Crl.M.P.(MD) No.10749 of 2017
The State rep by The Inspector of Police, Kudankulam Police Station, Tirunelveli District.
...Petitioner/Respondent
Vs.
Dr.S.P.Udayakumar ... Respondent/ Petitioner
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records passed by the learned Judicial Magistrate, Valiyoor in Cr.M.P.No.5053 of 2017 dated 11.09.2017 and set aside the same as illegal.
For Petitioner : Mr.S.Chandrasekar, Additional Public Prosecutor
For Respondent : Mr.T.Lajapathiroy
O R D E R
This Criminal Original Petition has been filed by the prosecution challenging the order passed by the Court below, permitting the respondent to travel abroad. This petition was filed in the year 2017 and the order was passed on 11.09.2017 and the same was stayed by this Court by an order dated 14.11.2017.
1/2
Crl.O.P.(MD).No.16220 of 2017
Sd/-
Assistant Registrar (CS-II) // True Copy //
Sub Assistant Registrar(CS)
To
+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-87851[F] dated 19/09/2019 )
Order made in Crl.O.P.(MD).No.16220 of 2017 Dated: 18.09.2019
https://hcservices.ecourts.gov.in/hcservices/ KM/(14.10.2019) 2P 4C
2/2
2 issues framed by the court
Whether to interfere in the lower court order permitting the respondent to travel abroad after a lapse of time.
Whether to entertain the prosecution challenge to the order allowing the respondent to go abroad.
Colour shows how this judgement treated each authority
Satish Chandra Verma vs. Union of India and othersReferred¶20
Satish Chandra Verma vs. Union of India and others in Civil Appeal No.3802 of 2019 dated 09.04.2019
The State rep by The Inspector of Police, Kudankulam Police Station
Dr.S.P.Udayakumar
Justice N.Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
