AIADMK MLA Samy had registered a complaint of assault against him during a poll campaign

The Madras High Court bench here on Wednesday dismissed a petition filed by M. Manohar, former Superintendent of Police, Madurai, seeking to discharge him from a criminal case.

In his petition, Mr. Manohar claimed that All India Anna Dravida Munnetra Kazhagam MLA R. Samy had registered a private complaint against him before the Chief Judicial Magistrate, Madurai, in 2009 alleging that the former SP had assaulted him during the campaign for parliamentary elections in December, 2008. The case is pending, he added.

In his complaint before the CJM, Mr. Samy had claimed that a police team led by Mr. Manohar had conducted a search of the MLA’s vehicle in Madurai and assaulted him, causing injuries.

Mr. Manohar claimed in his petition that he had filed a case in the Principal District and Sessions Court to discharge him from the case registered by Mr. Samy. He moved the High Court because the lower court had dismissed the petition.

Mr. Samy opposed Mr. Manohar’s petition at the High Court contending that the former SP had violated human rights by assaulting him. Therefore, he pleaded for the dismissal of Mr. Manohar’s petition.

In his order, Justice A. Arumughasamy held that, “The discharge of the accused at this stage can only be left open to the trial court to decide.” The judge, however, ruled that Mr. Manohar need not be present at the trial court during the trial.

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