Disposed

Maragatham v. State Rep by

Madras HC26 Oct 2021CRL OP/19861/2021

Case brief

AI extract

What is this about?

The High Court of Madras directed the petitioner to surrender before the Special Court for SC/ST Act within two weeks. The court held that routine directions cannot be issued routinely due to amendments in the SC/ST Act and ordered that after surrender, the matter be disposed of on merits after issuing notice to victims under the Act.

What did the court decide?

Directed the petitioner to surrender before the Special Court for SC/ST Act within two weeks of receiving the order or the commencement of normal court functioning, whichever is later.

Maragatham Vs State Rep by — Constitutional and Fundamental Rights | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 26.10.2021

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CORAM:

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THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

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CRL.O.P.No.19861 of 2021

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Maragatham ...Petitioner / Accused No.5

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Versus

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State Rep.by
The Inspector of Police,
Thirumullaivoyal Police Station,
Thirumullaivoyal,
Thiruvallur District.
(Crime No.723 of 2021) ...Respondent / Complainant

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PRAYER : Criminal Original Petition filed under Section 482 of
the Code of Criminal Procedure, to direct the learned Principal
District and Sessions Judge (Special Court for SC/ST Act),
Thiruvallur to accept the surrender of the petitioner in
connection with Crime No.723 of 2021 on the file of the
respondent Police.

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For Petitioner : Mr.K.Rajan
For Respondent :Mr.R.Vinothraja
Government Advocate (Crl.Side)

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ORDER

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This petition has been filed seeking a direction, to
direct the learned Principal District and Sessions Judge
(Special Court for SC/ST Act), Thiruvallur to accept the
surrender of the petitioner in connection with Crime No.723 of
2021 on the file of the respondent Police.

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2. In view of the amendments made in the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act, 1989,
this Court is of the view that the usual directions that were
issued by this Court cannot be issued routinely in all cases.
Therefore, the petitioner is directed to surrender before the
trial Court within a period of two weeks from the date of
receipt of a copy of this order or after commencement of normal
functioning of the Court, which ever is later and on such
surrender, the learned learned Principal District and Sessions
Judge (Special Court for SC/ST Act), Thiruvallur District, shall

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https://hcservices.ecourts.gov.in/hcservices/

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deal with the matter on the same day on merits and in accordance
with law, after issuing notice to the victims under Section 15-A
(3) of the SC/ST Act.

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3. This Criminal Original Petition is disposed of with
the above directions.

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 Sd/-

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 Assistant Registrar(CS-IX)

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// True Copy //

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 Sub Assistant Registrar

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drm/dna

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To

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1.The Principal District and Sessions Judge, (Special Judge) SC/ST Act, Thiruvallur District.

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2.The Inspector of Police, Thirumullaivoyal Police Station, Thirumullaivoyal, Thiruvallur District.

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3.The Public Prosecutor, High Court, Madras.

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CRL.O.P.No.19861 of 2021

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SJ(CO)
RVM(27/10/2021)

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https://hcservices.ecourts.gov.in/hcservices/

Maragatham v. State Rep by

Case brief

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Maragatham v. State Rep by

Case brief

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