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Madras High CourtCRL OP/20432/2013dismissed as infructuous

P.Saravanan v. P.Baburaja

2019-11-27Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2019

CORAM

THE HONOURABLE Mr.JUSTICE P.VELMURUGAN Crl.OP No.20432 of 2013 and MP.No.1 of 2013 P.Saravanan ... Petitioner/Respondent/Accused - Vs - P.Baburaja S/o.Palanisamy, 163, Puliankudu, Alampalayam Post, Tiruchengode Taluk, Namakkal District.

... Respondent/Petitioner/Complainant Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in Crl.MP.No.2112 of 2013 in STC No.518 of 2012 on the file of the learned Judicial Magistrate, Fast Track Court (at Magisterial Level), Tiruchengode, Namakkal District and set aside the same.

For Petitioner : No Appearance For Respondent : Mr.R.Karthikeyan ***

ORDER

This Criminal Original Petition has been filed to call for the records in Crl.MP.No.2112 of 2013 in STC No.518 of 2012 on the file of the learned Judicial Magistrate, Fast Track Court (at Magisterial Level), Tiruchengode, Namakkal District and set aside the same.

2. None appeared on behalf of the petitioner. Heard the learned counsel appearing for the respondent.

3. It is seen that the respondent filed the complaint against the petitioner before the learned Judicial Magistrate, Fast Track Court (at Magistrerial Level), Tiruchengode, Namakkal District and the same was taken on file in STC.No.518 of 2012. During the pendency of the case, the respondent/complainant had 1/2 https://hcservices.ecourts.gov.in/hcservices/

filed a petition under Section 311 Cr.P.C in Crl.MP.No.2112 of 2013 for recalling PW-1 to adduce further evidence and the same was allowed by the learned Judicial Magistrate, Fast Track Court (At Magisterial Level), Tiruchengode on 14.06.2013. As against the said order, the petitioner/accused filed the present criminal Original petition seeking to set aside the order dated 14.06.2013 passed in Crl.MP.No.2112 of 2013 in STC.No.518 of 2012.

4. When the matter came up for hearing on 13.11.2019, it was represented that the main case in STC.No.518 of 2012 itself disposed of. In order to ascertain the position, this Court called for the status report from the learned Judicial Magistrate, Fast Track Court (at Magisterial Level), Tiruchengode, Namakkal District.

5. The report dated 21.11.2019 received from the learned Judicial Magistrate, Fast Track Court (ML), Tiruchengode shows that the main case in STC.No.518 of 2012 itself dismissed on 11.08.2015.

6. The present Criminal Original Petition is filed only challenging the order passed in Crl.MP.No.2112 of 2013. Since the main case in STC.No.518 of 2012 itself is disposed of in the year 2015, nothing survives in this Criminal Original Petition.

7. In the result, this Criminal Original Petition is dismissed as infructuous. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To The Judicial Magistrate, Fast Track Court (at Magisterial Level), Tiruchengode, Namakkal District.

Crl.OP No.20432 of 2013 kj(co) nr 09/01/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/