M.Gagan Bothra v. T.R.Pachamuthu @ Paari Vendher

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-03-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN and CRL OP NO. 10081 OF 2017 M.Gagan Bothra S/o. Late. Shri. S.Mukanchand Bothra, 44, Veerappanstreet, Sowcarpet, Chennai - 79.

Appellant(s) Vs T.R.Pachamuthu @ Paari Vendher S/o.Ramasamy, No.20/4, Prakasar Salai, Janaki Nagar, Valasaravakkam, Chennai - 600 087.

Respondent(s) For Appellant(s):

Mr.M.Gagan Bothra For Respondent(s):

R.Ganesh Kumar

ORDER

Pursuant to the direction issued by Hon'ble Supreme Court of India, this Criminal Miscellaneous Petition is filed to recall the order dated 02.11.2023

passed in Crl.O.P.No.10081 of 2017 and thus render justice.

2. Heard learned counsel on both sides.

3. It is seen that against the order passed by this Court dated 02.11.2023 in Crl.O.P.No.10081 of 2017, the petitioner has filed the Special Leave Petition (Criminal) Diary No.34956 of 2024 before the Hon'ble Supreme Court of India, and the same was disposed of on 22.11.2024, by granting liberty to the petitioner to approach this Court and also to seek recall of the order dated 02.11.2023 passed by this Court in Crl.O.P.No.10081 of 2017

4. On perusal of the order passed by this Court in Crl.O.P.No.10081 of 2017, it appears that the petitioner was not present before this Court on the date of hearing, since he was arrested and remanded on custody.

5. In view of the above, this Court is inclined to recall the order passed by this Court dated 02.11.2023 in Crl.O.P.No.10081 of 2017, and accordingly the order dated 02.11.2023 is recalled.

6. Registry is directed to post this matter before the bench having roster. 07-03-2025 jd

G.K.ILANTHIRAIYAN J.

jd CRL MP No. 2468 of AND CRL OP NO.

10081 OF 2017 07-03-2025